Tobacco On Trial

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EXCERPT:

Defendants Altria Group, Inc. (“Altria”) and Philip Morris USA Inc. (“PM USA”) state that they did not provide the Court with any information or assurances at the hearing on May 19, 2015, and have not at any other time taken a position with respect to the substance of the proposed merger between R.J. Reynolds Tobacco Company (“R.J. Reynolds”) and Lorillard Tobacco Company (“Lorillard”) or the proposed transfer of brands from R.J. Reynolds and Lorillard to ITG Brands, LLC. Altria and PM USA are not parties to the proposed merger or the proposed transfer of brands and therefore are not in a position to address the implications of the Federal Trade Commission’s approval of the merger.

Altria and PM USA take no position with respect to any request of R.J. Reynolds and Lorillard that this Court enter the pending (Proposed) Unopposed Order. D.E. #6142-1.

END EXCERPT

FULL TEXT:

06/01/2015 6149 RESPONSE TO ORDER OF THE COURT re 6146 Order, filed by ALTRIA GROUP, INC., PHILIP MORRIS USA INC.. (Estrada, Miguel) (Entered: 06/01/2015)

Case 1:99-cv-02496-GK Document 6149 Filed 06/01/15 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

Plaintiff, v. PHILIP MORRIS USA INC., et al., )

Defendants.

Civil Action No. 99-2496 (GK)

Next Scheduled Court Date:

None __________________________________________)

RESPONSE OF ALTRIA GROUP, INC. AND PHILIP MORRIS USA INC. TO ORDER #54-REMAND

In response to this Court’s Order #54-Remand, Defendants Altria Group, Inc. (“Altria”) and Philip Morris USA Inc. (“PM USA”) state that they did not provide the Court with any information or assurances at the hearing on May 19, 2015, and have not at any other time taken a position with respect to the substance of the proposed merger between R.J. Reynolds Tobacco Company (“R.J. Reynolds”) and Lorillard Tobacco Company (“Lorillard”) or the proposed transfer of brands from R.J. Reynolds and Lorillard to ITG Brands, LLC. Altria and PM USA are not parties to the proposed merger or the proposed transfer of brands and therefore are not in a position to address the implications of the Federal Trade Commission’s approval of the merger.

Altria and PM USA take no position with respect to any request of R.J. Reynolds and Lorillard that this Court enter the pending (Proposed) Unopposed Order. D.E. #6142-1.

 Case 1:99-cv-02496-GK Document 6149 Filed 06/01/15 Page 2 of 3

DATE: June 1, 2015 Respectfully submitted,

/s/ Miguel A. Estrada

Miguel A. Estrada (D.C. Bar No. 456289)

Amir C. Tayrani (D.C. Bar No. 490994)

GIBSON, DUNN & CRUTCHER LLP

1050 Connecticut Avenue, N.W.

Washington, D.C. 20036-5306

Telephone: (202) 955-8257

Fax: (202) 530-9016

mestrada@gibsondunn.com

Attorneys for Defendants

Altria Group, Inc. and Philip Morris USA Inc.

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 Case 1:99-cv-02496-GK Document 6149 Filed 06/01/15 Page 3 of 3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 1st day of June, 2015, a true and correct copy of the foregoing was served by operation of the electronic filing system of the United States District Court for the District of Columbia upon all counsel who have consented to receive electronic notice of filings in this matter.

/s/ Miguel A. Estrada Miguel A. Estrada

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