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UNITED STATES v. KENNECOTT COPPER CORPORATION

231 F.Supp. 95 (1964)

UNITED STATES of America v. KENNECOTT COPPER CORPORATION, Defendant.

United States District Court S. D. New York.

July 2, 1964.

Attorney(s) appearing for the Case

William H. Orrick, Jr., Asst. Atty. Gen., Antitrust Division Dept. of Justice, Washington, D. C., Robert M. Morgenthau, U. S. Atty., for the Southern District of New York for plaintiff, and Jerome S. Wagshal, Jack L. Lipson, Arthur Cantor, and Edwin Weiss, Attys., Dept. of Justice, of counsel.

Sullivan & Cromwell, New York City, for defendant, and Arthur H. Dean, Howard T. Milman, Richard Price, and Paul R. Grand, New York City, of counsel.

DAWSON, District Judge.

This case presents an issue as to whether the acquisition by a large copper producer of the assets of a substantial independent copper fabricator is a violation of Section 7 of the Clayton Act, 15 U.S.C. § 18, reading as follows:

"No corporation engaged in commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no corporation subject to the jurisdiction of the Federal Trade...

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