Stipulation Between Parties in Support of the Unopposed Motion of Merck & Co., Inc. to Terminate the Consent Decree
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David A. Blotner david.blotner@usdoj.gov United States Department of Justice Antitrust Division Transportation, Energy, and Agriculture Section 450 Fifth Street, N.W., Suite 8000 Washington, DC 20530 Telephone: 202-307-1167 Fax: 202-616-2441 Attorney for the United States of America FOR THE DISTRICT OF NEW JERSEY
OF MERCK & CO., INC. TO TERMINATE THE CONSENT DECREE It is stipulated by and between the undersigned parties, through their respective attorneys, that:
FOR THE DISTRICT OF NEW JERSEY
The Court having received the motion of defendant Merck & Co., Inc. ("Merck") for termination of the consent decree entered in this case on October 6, 1945 ("Consent Decree"), and the United States having represented to the Court that it has no objection to the motion, and the Court having considered all papers filed in connection with this motion, and the Court finding that it is in the public interest to terminate the Consent Decree, it is ORDERED, ADJUDGED, AND DECREED: That said Consent Decree is hereby terminated.
NOTICE OF THE PROPOSED TERMINATION OF THE CONSENT DECREE PLEASE TAKE NOTICE that a motion has been filed asking the Court to enter an Order terminating the consent decree entered on October 6, 1945 ("Consent Decree") in United States v. Merck & Co., Inc., et al., Civil No. 3159 (D.NJ. 1943). The United States has filed with the Court a responsive memorandum setting forth the reasons why it believes that the termination of the Consent Decree would serve the public interest. Copies of the motion to terminate, the stipulation containing the United States' provisional consent, the United States' memorandum, and all further papers filed with the Court in connection with the termination motion will be available for inspection at the Antitrust Documents Group, Antitrust Division, 450 5th Street, N.W., Room 1024, Washington, DC 20530, on the website at www.usdoj.gov/atr, and at the Office of the Clerk of the United States District Court for the District of New Jersey. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Interested persons may submit comments regarding the proposed termination of the Consent Decree to the United States. Such comments must be received by the Antitrust Division within thirty (30) days and will be filed with the Court by the United States. Comments should be addressed to William H. Stallings, Chief, Transportation, Energy, and Agriculture Section, United States Department of Justice, Antitrust Division, 450 Fifth Street, N.W., Suite 8000, Washington, DC 20530. FOR THE DISTRICT OF NEW JERSEY
FOR THE UNOPPOSED MOTION OF MERCK & CO., INC. TO TERMINATE THE CONSENT DECREE Defendant Merck & Co., Inc. having moved for an Order terminating the consent decree entered by this Court on October 6, 1945 ("Consent Decree") in the above-captioned matter, and Plaintiff, the United States, having provisionally consented to the motion, and Plaintiff having proposed, and defendant Merck & Co., Inc. ("Merck") having agreed, that notice of the motion and the United States' provisional consent to it be published at Merck's expense, and that all interested persons be given an opportunity to submit comments concerning the proposed termination of the Consent Decree, and it appearing to the Court desirable to invite such comments, and in consideration of the Stipulation of the parties dated ________________________, 2011, it is ORDERED that Merck shall publish at its own expense a notice in the form attached hereto as Exhibit 1 in two consecutive issues of "The Pink Sheet", a weekly publication, and file proof of such publications with the Court; and it is FURTHER ORDERED, that copies of all comments received by Plaintiff within thirty (30) days after the last publication of the notices required by this Order shall be filed with this Court by Plaintiff promptly after it receives such comments; and it is FURTHER ORDERED, that this Court will not rule upon Defendant's motion until at least the fortieth (40th) day after the last publication of the notices required by this Order and the publication by the United States of a notice in the Federal Register announcing these proceedings. DONE, this day of ________________ , 201l.
FEDERAL REGISTER NOTICE U.S. Department of Justice Proposed termination of Consent Decree Notice is hereby given that defendant Merck & Co, Inc. ("Merck") has filed a motion to terminate the consent decree entered on October 6, 1945 ("Consent Decree") in United States v. Merck & Co., Inc., et al., Civil No. 3159 (D.N.J. 1943). Notice is also hereby given that the Antitrust Division of the United States Department of Justice (the "Department"), in a stipulation also filed with the Court, has provisionally consented to termination of the Consent Decree, but has reserved the right to withdraw its consent pending receipt of public comments. On October 28, 1943, the United States filed a complaint alleging that the defendants had conspired to restrain trade and commerce in the distribution and sale of chemicals and pharmaceuticals. Essentially, the complaint alleged that Merck had entered into a "Treaty Agreement" in 1932 with E. Merck, a partnership doing business under that name in Darmstadt, Germany, pursuant to which the companies broadly allocated customers and territories between themselves in the sale and distribution of chemical and pharmaceutical products made by them, and suppressed competition between them in the United States and in foreign markets. The suit was resolved in 1945 by entry of the Consent Decree. The Department has filed with the Court a memorandum setting forth the reasons why the United States believes that termination of the Consent Decree would serve the public interest. Copies of the motion to terminate, the stipulation containing the United States' provisional consent, the United States' memorandum, and all other papers filed with the Court in connection with the motion to terminate will be available for inspection at the Antitrust Documents Group, Antitrust Division, 450 5th Street, N.W., Room 1024, Washington, DC 20530, on the website at www.usdoj.gov/atr, and at the Office of the Clerk of the United States District Court for the District of New Jersey. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations. Interested persons may submit comments regarding the proposed termination of the Consent Decree to the United States. Such comments must be received by the Antitrust Division within thirty (30) days and will be filed with the Court by the United States. Comments should be addressed to William H. Stallings, Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Washington, DC 20530.
FOR THE DISTRICT OF NEW JERSEY
The Court having received the motion of defendant Merck & Co., Inc. ("Merck") for termination of the consent decree entered in this case on October 6, 1945 ("Consent Decree"), and the United States having represented to the Court that it has no objection to the motion, and notice of the motion having been published in the Federal Register and "The Pink Sheet", and all interested parties having been given an opportunity to submit comments concerning the proposed termination of the Consent Decree, and the Court having considered all papers and comments filed in connection with this motion, and the Court finding that it is in the public interest to terminate the Consent Decree, it is ORDERED, ADJUDGED, AND DECREED: That said Consent Decree is hereby terminated.
CERTIFICATE OF SERVICE I hereby certify that I caused a copy of the foregoing Stipulation Between Parties In Support Of The Unopposed Motion Of Merck & Co., Inc. To Terminate The Consent Decree to be served upon the following attorneys by First Class Mail on July 25th 2011: Deborah A. Garza Ronald A. Hewitt Mary E. Storella
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