[Federal Register Volume 63, Number 175 (Thursday, September 10, 1998)]
[Notices]
[Page 48522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24281]


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DEPARTMENT OF JUSTICE

Antitrust Division


Proposed Termination of Judgment

    Notice is hereby given that defendant, United Technologies 
Corporation (``UTC''), formerly United Aircraft Corporation (``UAC''), 
has filed with the United States District Court for the District of 
Connecticut, a motion to terminate the Final Judgment in United States 
v. United Aircraft Corporation, Civil Action No. 14426, and that the 
Department of Justice (``Department''), in a stipulation also filed 
with the Court, has tentatively consented to termination of the Final 
Judgment, but has reserved the right to withdraw its consent pending 
receipt of public comments. The Complaint in this case (filed May 24, 
1971) alleged that UAC had attempted to monopolize fuel cell research 
and development in the United States.
    On July 11, 1973, a Final Judgment was entered against UAC. The 
Final Judgment was entered by consent between the United States and 
UAC. In 1975, the name of United Aircraft Corporation became United 
Technologies Corporation. The Consent Decree applies to UTC's conduct 
with respect to the research, development and manufacture of fuel 
cells. Certain provisions of the Consent Decree have expired by their 
terms, or have been rendered moot because the subject patents have 
become public. Other provisions of the Judgment that continue to apply 
prohibit UTC from engaging in certain conduct. Specifically, those 
provisions enjoin and restrain UTC from entering into any exclusive 
fuel cell research and development joint venture with a U.S. 
corporation or citizen, and using its purchasing power to restrain 
competition in the research, development or manufacture of fuel cells 
or equipment specifically designed for use with fuel cells (including, 
but not limited to, pumps, heat exchangers and purging equipment).
    The Department has filed with the Court a memorandum setting forth 
the reasons why the Government believes that termination of the Final 
Judgment would serve the public interest. Copies of UTC's motion 
papers, the stipulation containing the Government's consent, the 
Government's memorandum and all further papers filed with the Court in 
connection with this motion will be available for inspection at the 
Antitrust Documents Group of the Antitrust Division, Room 215 North, 
325-7th Street N.W., Liberty Place Building, Washington, D.C. 20530, 
and at the Office of the Clerk of the Court, United States District 
Court for the District of Connecticut, 450 Main Street, Hartford, CT 
06103. Copies of any of these materials may be obtained from the 
Antitrust Division upon request and payment of the copying fee set by 
Department of Justice regulations.
    Interested persons may submit comments regarding the proposed 
termination of the decree to the Government. Such comments must be 
received by the Division within sixty (60) days and will be filed with 
the Court by the Government. Comments should be addressed to Mary Jean 
Moltenbrey, Chief, Civil Task Force, Antitrust Division, Department of 
Justice, Liberty Place Building, Suite 300, 325-7th Street N.W., 
Washington, D.C. 20530.
Rebecca P. Dick,
Director, Civil Non-Merger Enforcement.
[FR Doc. 98-24281 Filed 9-9-98; 8:45 am]
BILLING CODE 4410-11-M