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UNITED STATES v. R. J. REYNOLDS TOBACCO CO.

Civ. A. No. 345-65.

268 F.Supp. 769 (1966)

UNITED STATES of America, Plaintiff, v. R. J. REYNOLDS TOBACCO CO., Defendant.

United States District Court D. New Jersey, Civil Division.

June 3, 1966.

Attorney(s) appearing for the Case

Vincent Commisa, Asst. U. S. Atty., Newark, N. J., Samuel Karp, Sinclair Gearing, Robert Kaplan, Department of Justice, Washington, D. C., for plaintiffs.

James D. Carpenter, Carpenter, Bennett & Morrissey, Newark, N. J., Davis, Polk, Wardell, Sunderland & Kiendle, New York City, by Taggart Whipple, Roland W. Donnem, James W. B. Benkard, New York City, of counsel, for defendants.

OPINION

COOLAHAN, District Judge.

I. This action was brought by the United States under the Anti-trust Laws to challenge the merger of R. J. Reynolds Tobacco Co. [Reynolds], and Penick & Ford, Ltd., Inc. [Penick]. The amended complaint alleges the combination is an unlawful restraint upon commerce in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1; and also that Reynolds' acquisition of Penick's assets violates Section 7 of the Clayton...

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