0210002
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Timothy J. Muris, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
In the Matter of
INA-HOLDING SCHAEFFLER KG, Docket No. C-4033
a corporation,
and ORDER TO MAINTAIN
ASSETS
FAG KUGELFISCHER GEORG SCHÄFER AG,
a corporation.
The Federal Trade Commission ("Commission") having initiated an investigation of the
proposed acquisition of Respondent FAG Kugelfischer Georg Schäfer AG ("FAG") by Respondent
INA-Holding Schaeffler KG ("INA"), hereinafter referred to as "Respondents," and Respondents
having been furnished thereafter with a copy of a draft of Complaint that the Bureau of Competition
proposed to present to the Commission for its consideration and which, if issued by the Commission,
would charge Respondents with violations of Section 7 of the Clayton Act, as amended, 15 U.S.C.
§ 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45; and
Respondents, their attorneys, and counsel for the Commission having thereafter executed an
Agreement Containing Consent Orders ("Consent Agreement"), containing the proposed Decision and
Order and Order to Maintain Assets, an admission by Respondents of all the jurisdictional facts set
forth in the aforesaid draft of Complaint, a statement that the signing of said Consent Agreement
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
and
The Commission having thereafter considered the matter and having determined that it has
reason to believe that Respondents have violated the said Acts, and that a Complaint should issue
stating its charges in that respect, and having determined to accept the executed Consent Agreement
SNIPPETS:
BEFORE FEDERAL TRADE COMMISSION
FAG KUGELFISCHER GEORG SCHÄFER AG,
The Commission having thereafter considered the matter and having determined that it has
Assets:
Proposed Respondent INA is a corporation organized, existing and doing business under and by
"INA" means INA-Holding Schaeffler KG, its directors, officers, employees, agents,
"Acquirer" means SKF or any other Person that acquires the Assets To Be Divested, and any
E. "Additional Assets To Be Divested" means any FAG Machinery that the trustee elects to
The name, address, and telephone number of each Contact Person for each Customer of INA and
All of FAG's rights, title, and interests in all documents relating to the research,
M. "Divestiture Agreement" means the SKF Divestiture Agreement or any other agreement or
O. "FAG Machinery" means all tangible assets, other than real estate, used by FAG at any time
Q. "Relevant Orders and Agreements" means this Order to Maintain Assets, the Consent
The Commission shall select the Monitor, subject to the consent of Respondents, which consent
The Monitor shall have the power and authority to monitor Respondents' compliance with the
Respondents shall indemnify the Monitor and hold the Monitor harmless against any losses,
, gross negligence, willful or wanton acts, or bad faith by the Monitor.
If the Commission determines that the Monitor has ceased to act or failed to act diligently,
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