In Roche Holding Ltd,(41) the complaint alleged that the proposed $11 billion acquisition by Roche Holding Ltd ("Roche") of Corange Limited ("Corange") would lessen competition substantially in the United States market for the research, development, manufacture and sale of cardiac thrombolytic agents and DAT reagents used in workplace testing. According to the complaint, Roche and Corange were the leading suppliers of cardiac thromoblytic agents, which are used to treat heart attacks by dissolving blood clots in the blood vessels of the heart; and two of only four suppliers of DAT reagents used in workplace testing, which detect the presence of illegal drugs. Under the order, Roche was required to divest Corange's United States and Canadian cardiac thrombolytic agent businesses to Centocor, Inc., and Corange's worldwide workplace DAT reagents business to a Commission-approved purchaser.(42)
In The Williams Companies, Inc.,(43) the complaint alleged that the proposed $2.7 billion acquisition by The Williams Companies ("Williams") of MAPCO Inc. ("MAPCO") would lessen competition substantially for the transportation by pipeline and terminaling of propane in certain areas of Illinois, Iowa, Minnesota and Wisconsin; and the transportation by pipeline of raw mix, a mixture of natural gas liquids, from southern Wyoming to Kansas, New Mexico, Oklahoma and Texas. Williams and MAPCO were the only source of pipeline transportation to terminals in central Iowa, including Des Moines and Ogden; northern Iowa and southern Minnesota, including Clear Lake and Sanborn, Iowa, and Mankato, Minnesota; eastern Iowa, including Iowa City; southern Wisconsin and northern Illinois, including Janesville, Wisconsin and Rockford, Illinois; and north central Illinois, including Tampico and Farmington. MAPCO owned terminals, and Williams' pipelines supplied propane to terminals owned by Kinder Morgan Operating L.P. ("Kinder"), in these areas. Under the order, Williams was required to comply with an existing agreement under which propane from Kinder's customers is shipped to its terminals. The order also required Williams to connect its Wyoming gas processing plants to any proposed raw mix pipeline that requests such a connection.
In Degussa Aktiengesellschaft and Degussa Corporation,(44) the complaint alleged that the proposed acquisition by Degussa Aktiengesellschaft ("Degussa") of certain assets of E.I. du Pont de Nemours & Co. ("DuPont") would lessen competition substantially in the manufacture of hydrogen peroxide in North America. Hydrogen peroxide is used in disparate applications as an oxidizing agent to encourage different chemical reactions. According to the complaint, the transaction would rest control over approximately 81 percent of production capacity with the three largest manufacturers. The order limited Degussa's acquisition to DuPont's production facility in Gibbons, Alberta.
In Digital Equipment Corporation,(45) the complaint alleged that the proposed acquisition by Intel Corporation ("Intel") of certain assets of Digital Equipment Corporation ("Digital") would lessen competition substantially in the worldwide (1) manufacture and sale of high-performance, general-purpose microprocessors capable of running the Windows NT operating system; (2) manufacture and sale of all general-purpose microprocessors; and (3) design and development of high-performance, general-purpose microprocessors. According to the complaint, Intel's "Pentium" and Digital's "Alpha" microprocessors are the two closest substitutes. In addition, the parties are two of a very few competitors developing next-generation, high-performance microprocessors. Under the order, Digital was required to license Alpha technology to Advanced Micro Devices, Inc., a developer and producer of high performance microprocessors, and to Samsung Electronics Co., Ltd., a developer and producer of semiconductors, or to two other Commission-approved companies. The order also required Digital to begin the process of certifying International Business Machines, Inc., as an alternative production source for Alpha products.
