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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
DIVESTITURES TRUSTEE FUNERALS RESPONDENTS PARAGRAPH LOEWEN GROUP ACT BUSINESS DIRECTORS REPRESENTATIVES FEDERAL TRADE COMMISSION COMPLAINT AGREEMENT CONSENT REASON APPOINTMENT COURT ACQUISITION REQUEST NOTIFICATION FUNERAL ESTABLISHMENT CAMERON COUNTY TEXAS COMPLYING AUTHORITY EXPENSES MANNER POWER ACCOMPLISH |
9310052
B200612
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Robert Pitofsky, Chairman
Mary L. Azcuenaga
Janet D. Steiger
Roscoe B. Starek, III
Christine A. Varney
)
) Docket No. C-3677
In the Matter of )
)
THE LOEWEN GROUP INC., )
a corporation, and )
) DECISION AND
LOEWEN GROUP INTERNATIONAL, INC., ) ORDER
a corporation. )
)
The Federal Trade Commission ("Commission") having initiated
an investigation of certain acts and practices of the respondents
named in the caption hereof, and the respondents having been
furnished thereafter with a copy of a draft of complaint which
the Dallas Regional Office proposed to present to the Commission
for its consideration and which, if issued by the Commission,
would charge respondents with violation of Section 5 of the
Federal Trade Commission Act, as amended, and Section 7 of the
Clayton Act, as amended; and
The respondents, their attorney, and counsel for the
Commission having thereafter executed an agreement containing a
consent order, an admission by the respondents of all the
jurisdictional facts set forth in the aforesaid draft of
complaint, a statement that the signing of said agreement is for
settlement purposes only and does not constitute an admission by
respondents that the law has been violated as alleged in such
complaint, or that the facts as alleged in such complaint, other
than jurisdictional facts, are true and waivers and other
provisions as required by the Commission's Rules; and
The Commission having thereafter considered the matter and
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2
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COMPLAINT
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EXTRACTED KEY WORDS
ACT FUNERALS BUSINESS ACQUISITIONS THOMAE-GARZA TEXAS FEDERAL TRADE COMMISSION RESPONDENT FTC ACT VIRTUE COMPLAINT PROVISION VIOLATION CLAYTON ACT LAWS COMMERCE COMPETITORS BROWNSVILLE ANALYZE IMMEDIATE ENVIRONS PARAGRAPHS PURPOSES LIKELIHOOD MEMORIAL FUNERAL HOME THOMAE-GARZA FUNERAL DIRECTORS CHARGES DEATH CEREMONY BRITISH COLUMBIA |
9310052
B200612
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
)
In the Matter of )
) Docket No. C-3677
THE LOEWEN GROUP INC., )
a corporation, and )
)
LOEWEN GROUP INTERNATIONAL, INC., )
a corporation. )
)
COMPLAINT
Pursuant to the provisions of the Federal Trade Commission
Act ("FTC Act"), and by virtue of the authority vested in it by
said Act, the Federal Trade Commission ("Commission"), having
reason to believe that The Loewen Group Inc., a corporation, and
Loewen Group International, Inc., a corporation, hereinafter
sometimes referred to as respondents, have acquired Garza
Memorial Funeral Home, Inc., a corporation, and Thomae-Garza
Funeral Directors, Inc., a corporation, in violation of Section 7
of the Clayton Act, as amended, 15 U.S.C. § 18, and Section 5 of
the FTC Act, as amended, 15 U.S.C. § 45; and it appearing to the
Commission that a proceeding by it in respect thereof would be in
the public interest, hereby issues its complaint, stating its
charges as follows:
I. DEFINITION
1. For the purposes of this complaint, the following definition
shall apply:
"Funeral" means a group of services provided at the
death of an individual, the focus of which is some form
of commemorative ceremony of the life of the deceased
at which ceremony the body is present; this group of
services ordinarily includes, but is not limited to:
the removal of the body from the place of death; its
embalming or other preparation; making available a
place for visitation and viewing, for the conduct of a
funeral service, and for the display of caskets and
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3
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LETTER DIVESTITURE APPROVAL
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EXTRACTED KEY WORDS
LOEWEN GROUP APPROVE SMITH DIVEST FUNERALS UNITED STATES AMERICA FEDERAL TRADE COMMISSION TOM ESQ JONES REAVIS POGUE METROPOLITAN SQUARE WASHINGTON REFERENCE FUNERAL HOMES BORDER FUNERALS FILED PURSUANT PARAGRAPH MATTER PROPOSED DIVESTITURE ACCORDING REPRESENTATIONS DONALD CLARK |
United States of America
Federal Trade Commission
November 10, 1997
Tom D. Smith, Esq.
Jones, Day, Reavis & Pogue
Metropolitan Square
1450 G Street, N.W.
Washington, D. C. 20005-2088
Re: Loewen Group, Inc. and Loewen Group International, Inc.
Docket No. C-3677
Dear Mr. Smith:
This is in reference to the application which you filed on behalf of
Loewen Group, Inc. and Loewen Group International, Inc. (collectively
"Loewen"), for prior Commission approval to divest two funeral homes
to Border Funerals, Inc. Loewen's application was filed pursuant to
Paragraph II of the Order in this matter.
After consideration of Loewen's application, and other available
information, the Commission has determined to approve Loewen's
proposed divestiture. In according its approval, the Commission has
relied upon the information submitted and the representations made by
Loewen and has assumed them to be accurate and complete.
By direction of the Commission, Chairman Pitofsky recused..
Donald S. Clark
Secretary
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