.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
FEDERAL TRAD,E COMMISSION, 1
600 Pennsylvania Avenue, N. W. ) CASE NUMBER 1:02CVOOO60
Washington, D.C. 20580, 1
) JUDGE: Reggie B. Walton
Plaintiff, ) DECK TYPE: Antitrust
)
V. ) DATE STAMP: 01/14/2002
1
LIBBEY, INC., 1
300 Madison Avenue 1 COMPLAINT FOR
Toledo, Ohio 43699-0060 1 PRELIMINARY INJUNCTION
) PURSUANT TO SECTION 13(b)
and 1 OF THE FEDERAL TRADE
1 COMMISSION ACT
NEWELL RUBBERMAID, INC., 1
29 East Stephenson Street 1
Freeport, Illinois 61032 1
)
Defendants. )
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), by its designated
attorneys, for its complaint herein, petitions the Court, pursuant to Section 13(b) of the
Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 0 53(b), for a preliminary injunction
enjoining defendant Libbey, Inc. ("Libbey"), including its domestic and foreign agents,
divisions, parents, subsidiaries, affiliates, partnerships, and joint ventures, from acquiring,
through a merger or otherwise, any stock, assets, or other interest, either directly or
indirectly, of Anchor Hocking Corporation ("Anchor") from defendant Newell Rubbermaid,
Inc. ("Newell Rubbermaid"), or their domestic and foreign agents, divisions, parents,
subsidiaries, affiliates, partnerships, or joint ventures; thereby maintaining the status quo
SNIPPETS:
Federal Trade Commission Act, 15 U.S.C. 0 53, for a preliminary injunction
indirectly, of Anchor Hocking Corporation from defendant Newell Rubbermaid,
Sections 7 and ll'of the Clayton Act, 15 U.S.C. $6 18 and 21;
Venue is proper under Section 13of the FTC Act;
The Commission is an administrative agency of the United States Government
Defendant Libbey, Inc. is a corporation organized and existing under the laws
Anchor is an indirect, wholly-owned subsidiary
that the enjoining thereof pending the issuance of a complaint by the Commission and until
Upon a proper showing that, weighing the equities and considering the Commission's likelihood
acquisition during the pendency of administrative proceedings.
In authorizing the commencement of this action,
acquisition would violate Section 7 of the Clayton Act and Section 5 of the FTC Act because
the acquisition may substantially lessen competition and/or tend to create a monopoly in the
soda-lime glassware sold to the food service industry in the U.S.
The Acauisition Would Substantiallv Lessen Comnetition
Libbey is the largest maker and seller of food service glassware in the U.S.,
with substantially more than half of the sales.
including distributors who resell soda-lime glassware to restaurants,
position as the largest maker and seller of food service glassware,
glassware market.
or likely future competitors in the relevant market.
further steps to consummate, directly or indirectly, the Acquisition of assets of Anchor from
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