Joint Praecipe

Date: 
Friday, December 3, 2004
Document Type: 
Stipulations - Miscellaneous
This document is available in three formats: this web page (for browsing content), PDF (comparable to original document formatting), and WordPerfect. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

ALCAN INC.,
ALCAN ALUMINUM CORP.,
PECHINEY, S.A., and
PECHINEY ROLLED PRODUCTS, LLC,   

                  Defendants.

State of West Virginia,

                  Intervenor.


|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|         

Case No. 1:03 CV 02012-GK

Judge Gladys Kessler

DECK TYPE: Antitrust

JOINT PRAECIPE

On October 18, 2004, the Court ordered the parties to file by December 3 a joint praecipe informing the Court as to whether the defendants have elected to divest either Alcan's or Pechiney's brazing sheet business according to the terms of the proposed Amended Final Judgment ("AFJ") (see AFJ, §§ II (F)(1)-(3), II (E)(1)-(3), and IV(A)).

1. On November 23, 2004, Alcan's board of directors voted to approve a spinoff of Novelis Inc., a corporate reorganization that would, in effect, result in a complete divestiture of Alcan's brazing sheet business. Alcan's shareholders have been invited to a special meeting on December 22, 2004, to vote on the spinoff. The plans for the spinoff have been known to Alcan shareholders since May 24, 2004, and Alcan has no knowledge of any opposition to the proposal and no reason to believe that shareholder approval will not be obtained. Assuming its shareholders approve the spinoff, Alcan will begin implementing the spinoff as quickly as possible. Alcan believes, however, that the Novelis spinoff (and divestiture of Alcan's brazing sheet business) cannot be completed before January 20, 2005.

2. For its part, the United States already has committed to extend the divestiture timetable contained in the proposed AFJ until December 31, 2004 (see AFJ, § IV(A)), and to extend the deadline beyond that date if warranted by future circumstances (viz., the defendants' continued best efforts to complete the ordered divestiture as expeditiously as possible).

3. The State of West Virginia agrees with the dates proposed to the Court and reserves its position depending on the resolution and/or outcome in the event the divestiture is not satisfactorily accomplished.

Dated: December 3, 2004.

    Respectfully submitted,

FOR PLAINTIFF FOR
UNITED STATES OF AMERICA

FOR DEFENDANTS ALCAN INC.,
ALCAN ALUMINUM CORP., PECHINEY, S.A.,
and PECHINEY ROLLED PRODUCTS, LLC

_______________/s/________________
Anthony E. Harris, Esq.,
IL Bar # 1133713
U.S. Department of Justice
Antitrust Division, Litigation II Section
1401 H Street, NW, Suite 3000
Washington, DC 20530
Telephone: (202) 307-6583
_______________/s/________________
D. Stuart Meiklejohn, Esq.
Steven L. Holley, Esq.
Sullivan & Cromwell LLP
125 Broad Street
New York, NY 10004-2498
Telephone: (212) 558-4000

Daryl A. Libow, Esq., DC Bar # 446314
Sullivan & Cromwell LLP
1701 Pennsylvania Avenue, NW
Washington, DC 20006-5805
Telephone: (202) 956-7500

FOR INTERVENOR THE STATE OF WEST VIRGINIA

_______________/s/________________
Andrew G. Fusco, Esq., WV Bar # 1317
Special Assistant Attorney General
Eckert Seamans Cherin & Mellot, PPLC
2400 Cranberry Square
Morgantown, WV 26508-9209
Telephone: (304) 594-1000

Edward J. Longosz, II, Esq., DC Bar # 368932
Eckert Seamans Cherin & Mellot, LLC
1747 Pennsylvania Avenue, NW, Suite 1200
Washington, DC 20006
Telephone: (202) 659-6619

Attachments: 
Updated June 30, 2015