Kaolin is a clay consisting of a crystalline hydrated aluminum silicate, usually found as the mineral kaolinite. ECC reported total sales of about 850 million pounds Sterling in 1997.Ĩ. In 1998, ECC purchased Minco Acquisition Corporation, a company that produces fused silica and fused magnesia at plants in Midway, Tennessee. ECC produces paper-grade GCC at a plant in Sylacauga, Alabama and at plants in Maryland and Wisconsin. subsidiary at two plants in Sandersville, Georgia and at a plant in Wrens, Georgia. ECC produces kaolin in the United States through its English China Clays, Inc. It produces industrial minerals, pigments and chemicals worldwide. In 1997, Imetal reported total sales in excess of 10 billion French francs.ħ.ĞCC is a United Kingdom Corporation with headquarters in Reading, England. subsidiary at a plant in Greeneville, Tennessee. Imetal produces fused silica through its C-E Minerals, Inc. It produces paper-grade GCC through a joint venture, Alabama Carbonates, L.P., in Sylacauga, Alabama, in which Georgia Marble has a 50 percent ownership interest. Imetal produces dry-processed GCC through The Georgia Marble Company ("Georgia Marble"), a subsidiary of DBK, at a number of locations throughout the United States, including its plant in Sylacauga, Alabama. subsidiary ("DBK") at a plant in Dry Branch, Georgia and at a plant in Jeffersonville, Georgia. Imetal produces kaolin in the United States through its DBK Minerals, Inc. It produces building materials, industrial metals, and industrial minerals worldwide. Imetal is a French corporation with headquarters in Paris, France. Venue is proper in this District under 15 U.S.C. The Court has subject matter jurisdiction over this action and over the parties pursuant to Section 12 of the Clayton Act, 15 U.S.C § 22, and 28 U.S.C. Imetal and ECC produce and sell water-washed kaolin, calcined kaolin, paper-grade GCC, fused silica and other products in interstate commerce. § 25, to prevent and restrain the defendants from violating Section 7 of the Clayton Act, as amended, 15 U.S.C. This action is filed by the United States under Section 15 of the Clayton Act, as amended, 15 U.S.C. In addition, due to the dominant position Imetal would have with respect to paper-grade GCC sold in the southeastern United States and with respect to fused silica, the threat of unilateral price increases in these markets as a result of this acquisition is particularly high.ģ. Because of the small number of competitors, higher prices are likely to result from the elimination of a significant competitor in the kaolin markets even without coordination. Imetal's acquisition of ECC substantially increases the opportunity for the remaining kaolin producers to coordinate to raise prices to the detriment of consumers.
The acquisition would eliminate the direct competition between Imetal and ECC that has benefited consumers by giving them the lowest possible prices, more innovation, and better quality products. If the acquisition were permitted, Imetal would account for over 40 percent of the water-washed and calcined kaolin sold in the United States for paper-making would own or have an interest in all of the paper-grade GCC production capacity in the southeastern United States and would account for more than 80 percent of the fused silica produced in the United States.Ģ. producers of calcined kaolin for use in paper-making the only two producers in the southeastern United States of ground calcium carbonate ("GCC") in slurry form for the paper industry ("paper-grade GCC") and the two leading U.S. producers of water-washed kaolin two of four U.S. The United States seeks to prevent the proposed acquisition by defendant Imetal of defendant English China Clays, plc ("ECC"), which would substantially lessen competition in four separate markets. The United States of America, acting under the direction of the Attorney General of the United States, brings this civil action to obtain equitable relief against the defendants.ġ. For an official signed copy, please contact the Antitrust Documents Group.
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