6146: ORDER #54-Remand on FTC approval of Reynolds/Lorillard transaction

May 27, 2015 3:58 pm by Gene Borio

The PDF is Here

EXCERPT:

the Court was prepared to rule on the Motion — ironically, on this very date. However, before that could be done, the Court learned that the Federal Trade Commission (”FTC”) had decided yesterday, May 26, 2015, to allow Reynolds America, Inc. and Lorillard, Inc. to proceed with the complex transaction presented for approval by this Court in the Unopposed Motion.

WHEREFORE, with an abundance of caution, it is hereby

ORDERED, that the Parties are to file Statements as to whether the FTC’ saction in any way affects the information and assurances given to the Court at the May 19, 2015 hearing; and it is further

ORDERED, that such information shall be submitted within 15 days or earlier.

END EXCERPT

FULL TEXT:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

PHILLIP MORRIS USA, et al.,

Defendants.

ORDER #54-Remand

Civil Action No. 99-2496 (GK)

On April 30, 2015, Defendants and Imperial Tobacco Group (”ITO”) filed an Unopposed Motion for an Order Authorizing Transfer of Certain Cigarette Brands and Businesses to ITO Brands LLC, pursuant to Order #1015, Paragraph 20 [Dkt. No. 6142]. Defendants and ITO have also submitted a lengthy Proposed Order [Dkt. No. 6142-1]. After considering the Parties’ submissions, as well as the information and assurances given to the Court at the May 19, 2015, hearing to discuss the Motion and Proposed Order, the Court was prepared to rule on the Motion — ironically, on this very date. However, before that could be done, the Court learned that the Federal Trade Commission (”FTC”) had decided yesterday, May 26, 2015, to allow Reynolds America, Inc. and Lorillard, Inc. to proceed with the complex transaction presented for approval by this Court in the Unopposed Motion.

WHEREFORE, with an abundance of caution, it is hereby

ORDERED, that the Parties are to file Statements as to whether the FTC’ saction in any way affects the information and assurances given to the Court at the May 19, 2015 hearing; and it is further

ORDERED, that such information shall be submitted within 15 days or earlier.

May 27, 2015

Copies via ECF to all counsel of record

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