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US v ANCHORSHADE INC Click to find out why . . .



Keywords & Phrases
CaseNo: UVAI99114, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: FL Florida, UniqueCaseRef: LCD>UVAI99114, Judgement, Dealer, Anchorshade, Resale Price, Outdoor Umbrellas, United States, Price, Compliance, Entry, Antitrust, Officer, Terminate, Pricing, Violation, Provisions, Directors, Suggested Resale, Conspiracy, Sold, Act, Employees, Consent, Purpose, Complaint, Request, Party, Protection, Sale, Civil, Alleges, Dealers, Competition, Appa, Agreements, Florida, Restrain, Commerce, Laws, Sell, Publication, Suggested Resale Price, Sherman, Interstate, Withdraws, Enforce, Relief, Agreement , ContentID: 120245993

Case Documents
1   COMPETITIVE IMPACT STATEMENT
[ see first page and extracted highlights below  ] ItemID: 113034
8 pages
PDF
2 1996-11-01 FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 113036
9 pages
PDF
3 1996-06-20 FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 113037
9 pages
PDF
4 1996-06-20 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 113035
6 pages
PDF
Total Documents: 4 documents , 32 pages
Price: $ 34.95


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1 . COMPETITIVE IMPACT STATEMENT

EXTRACTED KEY WORDS
UNITED STATES
DEALER
ANCHORSHADE
DEFENDANT
OUTDOOR UMBRELLAS
RESALE PRICE
ENTRY
ANTITRUST
COURT
ALLEGES
ACT
APPA
COMPLAINT
CONSPIRACY
VIOLATION
TERMINATE
AGREEMENTS
COMPLIANCE
PROVISIONS
COMPETITION
SOLD
LAWS
SELL
PUBLICATION
SUGGESTED RESALE PRICE
PRICING
WITHDRAWS
CONSENT
ENFORCE
                                          UNITED STATES DISTRICT COURT
                                         SOUTHERN DISTRICT OF FLORIDA
 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - )
                                                               )
UNITED STATES OF AMERICA,                                      )              Civil Action No.
      )  Filed:
                                                                                     June
                                                                                          20,
                                                                                               1996
                                         Plaintiff,            )
      )  15
                                                                                 U.S.C.

                                                                                           1
                          v.                                   )              15 U.S.C. § 4
                                                               )
ANCHORSHADE,
                                 INC.,
                                             )
                                                               )
                                      Defendant.               )
                                                               )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - )

                                        COMPETITIVE IMPACT STATEMENT

           The United States of America, pursuant to Section 2 of the Antitrust Procedures and

Penalties Act (APPA), 15 U.S.C. § 16(b), submits this Competitive Impact Statement in

connection with the proposed Final Judgment submitted for entry in this civil antitrust

proceeding.

 I

                                 NATURE AND PURPOSE OF THE PROCEEDING

           On June 20, 1996, the United States filed a civil antitrust complaint under Section 4 of

the Sherman Act, as amended, 15 U.S.C. § 4, alleging that the defendant AnchorShade, Inc.

engaged in a combination and conspiracy, in violation of Section 1 of the Sherman Act, 15

U.S.C. § 1, to fix the price of outdoor umbrellas sold by AnchorShade, Inc. to dealers throughout

the United States.  The complaint alleges that, in furtherance of this conspiracy, AnchorShade,

Inc.:
SNIPPETS:
  • connection with the proposed Final Judgment submitted for entry in this civil antitrust
  • On June 20, 1996, the United States filed a civil antitrust complaint under Section 4 of
  • the Sherman Act, as amended, 15 U.S.C. § 4, alleging that the defendant AnchorShade, Inc.
  • U.S.C. § 1, to fix the price of outdoor umbrellas sold by AnchorShade, Inc. to dealers
  • The complaint alleges that, in furtherance of this conspiracy, AnchorShade,
  • obtained agreements from dealers to maintain the minimum resale price as a condition
  • The complaint also alleges that the combination and conspiracy is illegal,
  • Judgment may be entered after compliance with the APPA, unless the United States withdraws
  • modify or enforce the Final Judgment, or to punish violations of any of its provisions.
  • THE ALLEGED VIOLATION OF THE ANTITRUST LAWS
  • AnchorShade, Inc. sells outdoor umbrellas to dealers, who sell them to consumers.
  • AnchorShade, Inc. further stipulated that AnchorShade, Inc. would terminate its relationship
  • any dealer who sold its outdoor umbrellas below the stated resale price.
  • The agreements further required a dealer that wanted to discount,
  • to meet competition, to obtain advance written permission from AnchorShade, Inc.
  • The parties have stipulated that the proposed Final Judgment may be entered by the Court
  • defendant from entering into, adhering to, maintaining, furthering, enforcing or claiming any
  • announcing or establishing any resale pricing policy for outdoor umbrellas that provides that:
  • suggested resale price, and/or defendant will terminate any dealer for pricing below
  • United States has not withdrawn its consent.
  • do so within sixty days of the date of publication of this Competitive Impact Statement in the

  • 2 . FINAL JUDGMENT

    EXTRACTED KEY WORDS
    DEFENDANT
    DEALER
    PRICE
    COMPLIANCE
    RESALE PRICE
    ANCHORSHADE
    OFFICER
    ENTRY
    OUTDOOR UMBRELLAS
    ANTITRUST
    DIRECTORS
    SUGGESTED RESALE
    PLAINTIFF
    COURT
    PRICING
    UNITED STATES
    PROVISIONS
    EMPLOYEES
    TERMINATE
    LAW
    REQUEST
    CONSENT
    PARTY
    SOLD
    PROTECTION
    SALE
    PURPOSE
    CIVIL
    VIOLATION
    
                                              UNITED STATES DISTRICT COURT
                                             SOUTHERN DISTRICT OF FLORIDA
       - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - )
                                                                  )
    UNITED STATES OF AMERICA,                                     )              Civil Action No.
                                                                  )
                                             Plaintiff,           )
                                                                  )
                              v.                                  )
                                                                  )
    ANCHORSHADE,
                                     INC.,
                                                 )
                                                                  )
                                     Defendant.                   )
                                                                  )
       - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -)
    
     FINAL
                                                                    JUDGMENT
    
               Plaintiff, United States of America, having filed its complaint herein on               
    
    and plaintiff and defendant, AnchorShade, Inc., having consented to the entry of this Final
    
    Judgment without trial or adjudication of any issue of fact or law herein and without this Final
    
    Judgment constituting any evidence against or an admission by any party with respect to any such
    
    issue;
    
               And whereas defendant has agreed to be bound by the provisions of this Final Judgment
    
    pending its approval by the Court;
    
               Now, THEREFORE, before the taking of any testimony and without trial or adjudication
    
    of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED,
    
    ADJUDGED AND DECREED as follows:
    
    
    
     I
    
     JURISDICTION
    
            This Court has jurisdiction of the subject matter of this action and of the party consenting
    
    
    SNIPPETS:
  • and plaintiff and defendant, AnchorShade, Inc., having consented to the entry of this Final
  • Judgment without trial or adjudication of any issue of fact or law herein and without this
  • Judgment constituting any evidence against or an admission by any party with respect to any
  • And whereas defendant has agreed to be bound by the provisions of this Final Judgment
  • of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby
  • This Court has jurisdiction of the subject matter of this action and of the party consenting
  • "Dealer" means any person, not wholly owned by AnchorShade, Inc., who purchases
  • or acquires outdoor umbrellas manufactured or sold by AnchorShade,
  • "Resale price" means any price, price floor, price ceiling, price range, or any mark-up,
  • sale in the United States by any dealer.
  • entry of this Final Judgment from directly or indirectly announcing to the public or to any
  • suggested resale price, and/or defendant will terminate any dealer for pricing below
  • Defendant is ordered to establish and maintain an antitrust compliance program which
  • shall include designating, within thirty days of entry of this Final Judgment, an Antitrust
  • Officer shall, on a continuing basis, supervise the review of the current and proposed
  • Judgment to each of AnchorShade, Inc.'s officers and directors and each of its employees,
  • Within seventy-five days of this Final Judgment, defendant shall certify to plaintiff
  • immediately notify the plaintiff and forthwith take appropriate action to terminate or modify
  • For the purpose of determining or securing compliance with this Final Judgment,
  • Upon the written request of the Attorney General or the Assistant Attorney
  • to which a claim of protection may be asserted under Rule 26of the Federal Rules of Civil
  • of any violation of its provisions.

  • 3 . FINAL JUDGMENT

    EXTRACTED KEY WORDS
    DEFENDANT
    DEALER
    PRICE
    COMPLIANCE
    RESALE PRICE
    ANCHORSHADE
    OFFICER
    ENTRY
    OUTDOOR UMBRELLAS
    ANTITRUST
    DIRECTORS
    SUGGESTED RESALE
    PLAINTIFF
    COURT
    PRICING
    UNITED STATES
    PROVISIONS
    EMPLOYEES
    TERMINATE
    LAW
    REQUEST
    CONSENT
    PARTY
    SOLD
    PROTECTION
    SALE
    PURPOSE
    CIVIL
    VIOLATION
    
                                              UNITED STATES DISTRICT COURT
                                             SOUTHERN DISTRICT OF FLORIDA
       - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - )
                                                                  )
    UNITED STATES OF AMERICA,                                     )              Civil Action No.
                                                                  )
                                             Plaintiff,           )
                                                                  )
                              v.                                  )
                                                                  )
    ANCHORSHADE,
                                     INC.,
                                                 )
                                                                  )
                                     Defendant.                   )
                                                                  )
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -)
    
     FINAL
                                                                    JUDGMENT
    
               Plaintiff, United States of America, having filed its complaint herein on               
    
    and plaintiff and defendant, AnchorShade, Inc., having consented to the entry of this Final
    
    Judgment without trial or adjudication of any issue of fact or law herein and without this Final
    
    Judgment constituting any evidence against or an admission by any party with respect to any such
    
    issue;
    
               And whereas defendant has agreed to be bound by the provisions of this Final Judgment
    
    pending its approval by the Court;
    
               Now, THEREFORE, before the taking of any testimony and without trial or adjudication
    
    of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED,
    
    ADJUDGED AND DECREED as follows:
    
    
    
     I
    
     JURISDICTION
    
            This Court has jurisdiction of the subject matter of this action and of the party consenting
    
    
    SNIPPETS:
  • and plaintiff and defendant, AnchorShade, Inc., having consented to the entry of this Final
  • Judgment without trial or adjudication of any issue of fact or law herein and without this
  • Judgment constituting any evidence against or an admission by any party with respect to any
  • And whereas defendant has agreed to be bound by the provisions of this Final Judgment
  • of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby
  • This Court has jurisdiction of the subject matter of this action and of the party consenting
  • "Dealer" means any person, not wholly owned by AnchorShade, Inc., who purchases
  • or acquires outdoor umbrellas manufactured or sold by AnchorShade,
  • "Resale price" means any price, price floor, price ceiling, price range, or any mark-up,
  • sale in the United States by any dealer.
  • entry of this Final Judgment from directly or indirectly announcing to the public or to any
  • suggested resale price, and/or defendant will terminate any dealer for pricing below
  • Defendant is ordered to establish and maintain an antitrust compliance program which
  • shall include designating, within thirty days of entry of this Final Judgment, an Antitrust
  • Officer shall, on a continuing basis, supervise the review of the current and proposed
  • Judgment to each of AnchorShade, Inc.'s officers and directors and each of its employees,
  • Within seventy-five days of this Final Judgment, defendant shall certify to plaintiff
  • immediately notify the plaintiff and forthwith take appropriate action to terminate or modify
  • For the purpose of determining or securing compliance with this Final Judgment,
  • Upon the written request of the Attorney General or the Assistant Attorney
  • to which a claim of protection may be asserted under Rule 26of the Federal Rules of Civil
  • of any violation of its provisions.

  • 4 . COMPLAINT

    EXTRACTED KEY WORDS
    OUTDOOR UMBRELLAS
    ANCHORSHADE
    CONSPIRACY
    UNITED STATES
    DEALERS
    ACT
    FLORIDA
    RESTRAIN
    COMMERCE
    COURT
    COMPLAINT
    SHERMAN
    VIOLATION
    RESALE PRICE
    INTERSTATE
    RELIEF
    AGREEMENT
    PLAINTIFF
    SOUTHERN DISTRICT
    CO-CONSPIRATORS
    TRADE
    COMPETITION
    PURPOSE
    ATTORNEYS
    ACTING
    JURISDICTION
    BUSINESS
    FURTHERANCE
    FLOW
    
                          UNITED STATES DISTRICT COURT
                          SOUTHERN DISTRICT OF FLORIDA
    
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -)                      )
    UNITED STATES OF AMERICA,           )                    Civil Action No. 96-
    08426                               )               Filed: June 20, 1996
                             Plaintiff,           )
                                        )               15 U.S.C. § 1
                                  v.                         )           15 U.S.C.
    § 4                                                                               )
    ANCHORSHADE, INC.,                  )                                             )
                                                       Defendant. )                   )
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -)
    
                                   COMPLAINT
    
             The United States of America, by its attorneys, acting under
    
    the direction of the Attorney General of the United States,
    
    brings this civil action against the above-named defendant and
    
    complains and alleges as follows:
    
                                             I
    
                             JURISDICTION AND VENUE
    
             1. This Complaint is filed and these proceedings are
    
    instituted under Section 4 of the Sherman Act, as amended (15
    
    U.S.C. § 4), in order to prevent and restrain violations by the
    
    defendant, as hereinafter alleged, of Section 1 of the Sherman
    
    Act (15 U.S.C. § 1). This Court has jurisdiction over this
    
    matter pursuant to 28 U.S.C. § 1331 and § 1337.
    
             2. Defendant transacts business and is found in the
    
    Southern District of Florida.
    
    
    
                                       II
    
                                  DEFINITIONS
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • SOUTHERN DISTRICT OF FLORIDA
  • The United States of America, by its attorneys, acting under
  • This Complaint is filed and these proceedings are
  • in order to prevent and restrain violations by the
  • defendant, as hereinafter alleged, of Section 1 of the Sherman
  • Act.
  • This Court has jurisdiction over this
  • Defendant transacts business and is found in the
  • controlled by AnchorShade, Inc., who purchases or acquires any
  • "Outdoor umbrellas" mean collapsible devices that
  • DEFENDANT AND CO-CONSPIRATORS
  • Various companies and individuals who are dealers,
  • TRADE AND COMMERCE
  • been a continuous and uninterrupted flow in interstate commerce
  • affected, interstate commerce.
  • violation of Section 1 of the Sherman Act,
  • This unlawful combination and conspiracy will continue or
  • may be renewed unless the relief prayed for herein is granted.
  • continuing agreement, understanding and concert of action among
  • resale price of outdoor umbrellas at the amount set by the
  • In furtherance of this combination and conspiracy,
  • competition, but only if they obtained written approval
  • program or device having a similar purpose or effect.
  • That plaintiff have such other relief as the Court may
  •    |