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Antitrust Division

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[Federal Register: August 11, 1997 (Volume 62, Number 154)]
[Notices]
[Page 43016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au97-93]

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DEPARTMENT OF JUSTICE

Antitrust Division


United States and States of New York and Ohio and Commonwealth of
Pennsylvania v. Cargill Inc., Akzo Nobel, NV, Akzo Nobel, Inc., and
Akzo Nobel Salt, Inc.; Public Comment and Response on Proposed Judgment

    Pursuant to the Antitrust Penalties and Procedures Act, 15 U.S.C.
16 (b)-(h), the United States publishes below the comment it received
on the proposed final judgment in United States et al. v. Cargill, Inc.
et al., No. 6:97-CV-06161-L, filed in the United States District Court
for the Western District of New York, together with the United States'
response to that comment.
    Copies of the comment and the response, which were attached to the
United States' Certificate of Compliance with the Antitrust Procedures
and Penalties Act, are available for inspection and copying in Room 215
of the U.S. Department of Justice, Antitrust Division, 325 7th Street,
NW, Washington DC 20530 (telephone (202) 514-2481) and at the office of
the Clerk of the United States District Court for the Western District
of New York, Rochester Division, 100 State Street, Room 2120,
Rochester, NY 14614. Copies of these materials may be obtained upon
request and payment of a copying fee.
Constance K. Robinson,
Director of Operations.
May 19, 1997.
J. Robert Kramer II,
Chief--Litigation II Section, Antitrust Division, United States
Department of Justice, 1401 H Street, NW, Suite 3000, Washington, DC
20530

Re: Authorize Letter of Support to J. Robert Kramer, II

    Dear Mr. Kramer: Enclosed is a certified copy of the above
reference resolution which was duly adopted by the County
Legislature on the 12th day of May, 1997.
    Very truly yours,
Stacy B. Husted,
Deputy Clerk, Schuyler County Legislature.
Enclosure
sbh

[Resolution No. 180]

Schuyler County Legislature

Regular Meeting

May 12, 1997

Intro. No. 13
Approved by Committee RJF
Approved by Co. Atty. JPC
Motion by Fitzsimmons
Seconded by Young
Vote: 6 Ayes to 0 Noes
Name of Noes
Re: Authorize Letter of Support to J. Robert Kramer, II
    Whereas, April 21, 1997, the United States, the states of New
York, Ohio, and Pennsylvania filed a Civil Antitrust complaint, a
proposed Final Judgment and a Stipulation and Order between the
parties of AKZO Nobel and Cargill, Inc., and
    Whereas, the Stipulation and Order and proposed Final Judgment
requires Cargill and AKZO to ensure that, until the divestitures
mandated by the proposed Final Judgment are accomplished, AKZO's
Watkins Glen evaporated salt plant and related assets will be
maintained and operated as a saleable and economically viable
ongoing concern, and
    Whereas, both facilities are an extremely important and a vital
part of our community, and,
    Whereas, written comments may be submitted to the United States
Department of Justice within 60 days of the date of publication of
the Competitive Impact Statement in the Federal Register.
    Now, therefore, be it resolved that a letter be prepared to J.
Robert Kramer II, Chief-Litigation II Section, Antitrust Division,
United States Department of Justice, 1401 H Street, NW, Suite 3000,
Washington, D.C., 20530, on behalf of our Schuyler County community
simply to make the United States Department of Justice aware of the
importance of the jobs provided by both of these facilities and the
economic impact that any downsizing or plant closings would have on
our small Schuyler County community.
    State of New York
    County of Schuyler
    I, Stacy Husted, Deputy Clerk to the Schuyler County
Legislature, do hereby certify that the foregoing is a true and
exact copy of resolution duly adopted by the County Legislature on
May 12, 1997.
    In testimony whereof, I have hereunto set my hand and the seal
of said County Legislature at Watkins Glen, NY.

    May 19, 1997.
Stacy B. Husted,
Deputy Clerk.
July 17, 1997.
Honorable Stacy B. Husted
Deputy Clerk, Schuyler County Legislature, County Office Building,
Box 6, 105 Ninth Street, Watkins Glen, New York 14891

Re: Proposed Judgment in United States, et al. v. Cargill Inc. and
Akzo Nobel, NV, et al.

    Dear Ms. Husted: Thank you for your May 19 letter to Mr. Kramer,
in which you enclosed a copy of the May 12, 1997 resolution adopted
by the Schuyler County Legislature concerning the proposed Final
Judgment in this case. The proposed Judgment, if entered by the
Court, would alleviate the competitive concerns raised by Cargill's
acquisition of the salt operations of Akzo Nobel. The Judgment
requires Cargill and Akzo to divest certain assets related to the
production and sale of bulk deicing salt. It also requires Cargill
to divest the evaporated salt plant in Watkins Glen acquired from
Akzo Nobel.
    The Akzo and Cargill salt plants are the major employers in
Watkins Glen, the seat of Schuyler County. In its resolution, the
Schuyler County Legislature wanted to make ``the Department of
Justice aware of the importance of the jobs provided by both of
these facilities and the economic impact that any downsizing or
plant closings would have on our small Schuyler County community.''
    I would first note that the proposed Final Judgment does not
affect the Watkins Glen salt plant owned by Cargill prior to
Cargill's acquisition of Akzo Nobel. As to the Akzo plant, the
Department of Justice and the Schuyler County Legislature have
similar concerns. The Judgment requires Cargill to divest the former
Akzo plant in such a way as to satisfy the Department of Justice
that it will be used as part of a viable, ongoing business engaged
in the production and sale of food grade salt (Judgment, Secs. IV(B)
and (G)). As such, the Akzo plant will continue to need a skilled
work force. Although the purchaser of the facility will have the
same right that Akzo has historically had to determine the
appropriate size of its workforce, the Department of Justice would
not approve the plant's purchase by a person who intends to shut the
plant down or take other actions that would render the plant an
ineffective competitor in the market.
    Thank you for bringing your concerns to our attention. We hope
that this information will help alleviate them. Pursuant to the
Antitrust Procedures and Penalties Act, a copy of your letter and
the Schuyler County resolution and this response will be published
in the Federal Register and filed with the Court.
    Sincerely yours,
Anthony E. Harris,
Attorney, Litigation II Section.
[FR Doc. 97-21058 Filed 8-8-97; 8:45 am]
BILLING CODE 4410-11-M

 
 

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