In Global Industrial Technologies, Inc.,(46) the complaint alleged that the proposed merger between Global Industrial Technologies, Inc. ("Global") and AP Green Industries, Inc. ("AP Green") would lessen competition substantially in the United States market for glass-furnace silica refractories. Glass-furnace silica refractories are used by glass manufacturers to build the roofs and several other areas of the glass-melting furnaces in which they melt raw materials into a homogeneous mass of molten glass. According to the complaint, Global and AP Green are the only two domestic producers of the relevant product. Under the order, Global was required to divest AP Green's silica refractories business to Robert R. Worthen and Dennis R. Williams.
In Gerald W. Schwartz, Onex Corporation, SC International Services, Inc., and Sky Chefs, Inc.,(47) the complaint alleged that the proposed acquisition by Gerald W. Schwartz, through Sky Chefs, Inc., of Ogden Aviation Food Services, Inc., would lessen competition substantially in the sale of in-flight catering services to airlines at the McCarran International Airport, Las Vegas, Nevada. In-flight catering services include the preparation of meals, stocking of beverage carts, delivery of meals and carts to the aircraft, the loading of the galley, the unloading of incoming carts, utensils and trash, and cleaning and storage of carts and utensils. According to the complaint, the parties were the only two firms that sold in-flight catering services to airlines departing or landing at Las Vegas' McCarran Airport. As originally proposed, Schwartz intended to acquire all of Ogden's airline catering business in the United States. Under the order, the purchase agreement was modified to exclude Ogden's Las Vegas in-flight catering business and kitchen.
In Nortek, Inc.,(48) the complaint alleged that the proposed acquisition by Nortek, Inc., of NuTone Inc. would lessen competition substantially in the manufacture, production and sale of hard-wired residential intercoms in the United States. According to the complaint, the parties were the two leading producers of electrical devices installed in homes to provide audio-only room-to-room or room-to-entrance communication or monitoring functions through in-the-wall low voltage wiring, with a combined market share of approximately 87 percent. The order required Nortek to divest its M & S Systems LP subsidiary.(49)
In Exxon Corporation, The Shell Petroleum Company Limited, and Shell Oil Company,(50) the complaint alleged that the proposed joint venture between Exxon and Shell, which was valued at $1.5 billion, would lessen competition substantially in the manufacture of viscosity index improver or viscosity modifiers for motor oil used in automobiles and trucks ("VI improver") in North America. VI improvers are synthetic rubber compounds, either polymers or styrenics, that are blended with refined oil to enhance the viscosity properties of motor oil. According to the complaint, there are no economic substitutes for VI improvers. The complaint alleged that the parties collectively accounted for over one-half of the sales of VI improver in the North American market. The order required the sale of Exxon's VI improver business to Chevron Chemical Company LLC, or another Commission-approved purchaser.
In Merck & Co., Inc., and Merck-Medco Managed Care, L.L.C.,(51) the complaint alleged that the acquisition by Merck of Medco Containment Services, Inc. ("Medco"), would lessen competition substantially in the markets for the provision of pharmacy benefit management ("PBM") services and the manufacture of HMG-CoA reductase inhibitors and angiotension converting enzyme inhibitors in the United States. Merck was engaged in the production of "Mevacor" and "Zocor," which are used for the treatment of high cholesterol, and "Prinivil" and "Vasotec," which are used for the treatment of hypertension, high blood pressure and heart disease. Medco provided PBM services to insurance companies and third-party payors that include the maintenance of a drug formulary,(52) claims processing, drug utilization review and pharmacy network administration.
