UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
FEDERAL TRADE COMMISSION, )
Sixth Street and Pennsylvania Avenue, NW )
Washington, DC 20580, ))
Plaintiff, ))
v. ) Civil Action No. 97-1916 (SS)
)
MEDIQ INCORPORATED, )
One Mediq Plaza )
Pennsauken, NJ 08110, ))
Defendant. )
COMPLAINT FOR TEMPORARY RESTRAINING ORDER
AND PRELIMINARY INJUNCTION PURSUANT TO
SECTION 13(b) OF THE FEDERAL TRADE COMMISSION ACT
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), by its designated
attorneys, petitions the Court, pursuant to Section 13(b) of the Federal Trade Commission Act
("FTC Act"), 15 U.S.C. § 53(b), for a temporary restraining order and a preliminary
injunction enjoining defendant MEDIQ Incorporated ("MEDIQ"), including its domestic and
foreign agents, divisions, subsidiaries, affiliates, partnerships, or joint ventures, from
acquiring through a merger or otherwise any stock, assets, or other interest, either directly or
indirectly, from Universal Hospital Services, Inc. ("UHS"); thereby maintaining the status
quo during the pendency of an administrative proceeding, challenging defendant's proposed
combination, that will be commenced by the Commission pursuant to Section 5 of the FTC
Act, 15 U.S.C. § 45, and Sections 7 and 11 of the Clayton Act, 15 U.S.C. §§ 18 and 21.
JURISDICTION AND VENUE
1. Jurisdiction is based on Section 13(b) of the FTC Act, 15 U.S.C. § 53(b) and
28 U.S.C. §§ 1337 and 1345. Venue is proper under Section 13(b) of the FTC Act;
SNIPPETS:
UNITED STATES DISTRICT COURT
COMPLAINT FOR TEMPORARY RESTRAINING ORDER
AND PRELIMINARY INJUNCTION PURSUANT TO
SECTION 13OF THE FEDERAL TRADE COMMISSION ACT
attorneys, petitions the Court, pursuant to Section 13of the Federal Trade Commission Act
Act, 15 U.S.C. § 45, and Sections 7 and 11 of the Clayton Act, 15 U.S.C. §§ 18 and 21.
Venue is proper under Section 13of the FTC Act;
The Commission is an administrative agency of the United States Government
Commission is vested with authority and responsibility for enforcing, inter alia, Section 7 of
Defendant MEDIQ is a corporation organized and existing under the laws of
Delaware, with its principal place of business at One Mediq Plaza, Pennsauken, New Jersey
UHS is a corporation organized and existing under the laws of Minnesota,
Defendant MEDIQ is engaged in commerce, as "commerce," is defined in
UHS is engaged in "commerce," as defined in Section 4 of the FTC Act,
Whenever the Commission has reason to believe --that any person,
that the enjoining thereof pending the
THE PROPOSED MERGER AND THE COMMISSION'S RESPONSE
merger during the pendency of administrative proceedings.
court order to the contrary, they will consummate the proposed acquisition after 12:01 a.m.,
In authorizing the commencement of this action,
aforesaid proposed merger would violate Section 7 of the Clayton Act because in the United
acquisition may substantially lessen competition and/or tend to create a monopoly in the
LIKELIHOOD OF SUCCESS ON THE MERITS AND NEED FOR RELIEF
taking any further steps to consummate, directly or indirectly, their proposed merger of their
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