[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Page 3640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1042]
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DEPARTMENT OF JUSTICE
U.S. Antitrust Division
Federal Register Notice; United States v. Cemex, S.A.B. de C.V.
and Rinker Group Limited; Proposed Modification of the Modified Final
Judgment
Take notice that a Joint Motion to Establish Notice and Comment
Procedures and to Modify the Modified Final Judgment, a Memorandum of
Plaintiff United States in Support of Joint Motion to Establish Notice
and Comment Procedures and to Modify the Modified Final Judgment have
been filed, and a proposed Order to Establish Notice and Comment
Procedures for the Modification of the Modified Final Judgment has been
entered, in the United States District Court for the District of
Columbia in United States v. Cemex, S.A.B. de C.V. and Rinker Group
Limited, Civil No. 1:07-cv-00640. On April 4, 2007, the United States
filed a Complaint (and an Amended Complaint on May 2, 2007) alleging
that Cemex, S.A.B. de C.V.'s (``Cemex'') proposed acquisition of Rinker
Group Limited (``Rinker'') would violate Section 7 of the Clayton Act,
15 U.S.C. 18, by substantially lessening competition in the production
and distribution of ready mix concrete in the metropolitan areas of
Fort Walton Beach/Panama City/Pensacola, Jacksonville, Orlando, Tampa/
St. Petersburg, Fort Myers/Naples, Florida, and the metropolitan areas
of Flagstaff and Tucson, Arizona. In addition, the acquisition would
have substantially lessened competition in the production and
distribution of concrete block in metropolitan Tampa/St. Petersburg and
Fort Myers/Naples, Florida. Finally, the acquisition would have
substantially lessened competition in the production and distribution
of aggregate in metropolitan Tucson, Arizona.
The Modified Final Judgment, entered on November 28, 2007, required
Cemex to divest 39 ready mix concrete, concrete block, and aggregate
plants that served metropolitan areas in Florida and Arizona, including
the Orlando, Florida area. On November 30, 2007, Cemex divested these
assets to CRH plc (``CRH''). The current proposed modification would
allow Cemex to reacquire Rinker's Kennedy ready mix concrete plant,
located at 1406 Atlanta Avenue, Orlando, Florida 32806, which was one
of the plants divested to CRH. Cemex's reacquisition of the Kennedy
plant is conditioned on CRH's acquisition of Cemex's own plant in
Orlando, which is located only one-half mile away from the Kennedy
plant.
Copies of the Joint Motion to Establish Notice and Comment
Procedures and to Modify the Modified Final Judgment, the Memorandum of
Plaintiff United States in Support of Joint Motion to Establish Notice
and Comment Procedures and to Modify the Modified Final Judgment, and
the proposed Order to Establish Notice and Comment Procedures for the
Modification of the Modified Final Judgment, and all other papers filed
with the Court in connection with the motion are available for
inspection at the Department of Justice, Antitrust Division, Antitrust
Documents Group, 450 Fifth Street, NW., Suite 1010, Washington, DC
20530 (202-514-2481), on the Department of Justice Web site (http://www.usdoj.gov/atr), and at the Office of the Clerk of the United States
District Court for the District of Columbia.
Interested persons may address comments to Maribeth Petrizzi,
Chief, Litigation II, Antitrust Division, U.S. Department of Justice,
City Center Building, 1401 H Street, NW., Suite 3000, Washington, DC
20530 (202-307-0924), within 30 days of the date of this notice.
Patricia Brink,
Deputy Director of Operations.
[FR Doc. E9-1042 Filed 1-16-09; 8:45 am]
BILLING CODE 4410-11-P