UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Timothy J. Muris, Chairman

Sheila F. Anthony

Mozelle W. Thompson

Orson Swindle

Thomas B. Leary

__________________________________________ )

In the Matter of )

)

LIBBEY INC., a corporation, )

 

) Docket No. 9301

and )

) AGREEMENT CONTAINING

NEWELL RUBBERMAID, INC., a corporation. ) CONSENT ORDER

__________________________________________)

This Agreement Containing Consent Order (“Consent Agreement”), by and between

Respondents, Libbey Inc. ("Libbey") and Newell Rubbermaid, Inc. ("Newell"), by their duly

authorized officers and attorneys, and counsel for the Federal Trade Commission ("Commission"),

is entered into in accordance with the Commission’s Rules governing consent order procedures. 

In accordance therewith the parties hereby agree that:

1. Respondent Libbey is a corporation organized, existing and doing business under and

by virtue of the laws of the State of Delaware, with its office and principal place of business

located at 300 Madison Avenue, Toledo, Ohio 43604.

2. Respondent Libbey has been served with a copy of the Complaint issued by the

Commission charging it with violations of Section 5 of the Federal Trade Commission Act, as

amended, and Section 7 of the Clayton Act, as amended, and has filed its Answer to the

Complaint denying those charges and asserting affirmative defenses but admitting the jurisdictional

facts set forth therein.

3. Respondent Newell is a corporation organized, existing and doing business under and

by virtue of the laws of the State of Delaware, with its office and principal place of business

located at 29 East Stephenson Street, Freeport, Illinois 61032.

4. Respondent Newell has been served with a copy of the Complaint issued by the

Commission charging it with violations of Section 5 of the Federal Trade Commission Act, as

amended, and Section 7 of the Clayton Act, as amended, and has filed its Answer to the

Complaint denying those charges and asserting affirmative defenses but admitting the jurisdictional
2

facts set forth therein. 

5. Respondents admit all the jurisdictional facts set forth in the Complaint.

6. Respondents waive: 

a. any further procedural steps; 

b. the requirement that the Commission's Decision and Order ("Decision and

Order"), attached hereto and made a part hereof, contain a statement of findings of

fact and conclusions of law; 

c. all rights to seek judicial review or otherwise challenge or contest the validity of

the Decision and Order entered pursuant to this Consent Agreement; and 

d. any claim under the Equal Access to Justice Act. 

7. This Consent Agreement shall not become part of the public record of the proceeding

unless and until it is accepted by the Commission. If this Consent Agreement is accepted by the

Commission, it will be placed on the public record for a period of thirty (30) days and information

in respect thereto publicly released. The Commission thereafter may either withdraw its

acceptance of this Consent Agreement and so notify Respondents, in which event it will take such

action as it may consider appropriate, or issue and serve its Decision and Order in disposition of

the proceeding.

8. This Consent Agreement is for settlement purposes only and does not constitute an

admission by Respondents that the law has been violated as alleged in the Complaint, or that the

facts as alleged in the Complaint, other than jurisdictional facts, are true. 

9. This Consent Agreement contemplates that, if it is accepted by the Commission, and if

such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of

Commission Rule 3.25(f), 16 C.F.R. § 3.25(f), the Commission may, without further notice to

Respondents: (1) issue its Decision and Order, and (2) make information public with respect

thereto. When final, the Order shall have the same force and effect, and may be altered, modified

or set aside in the same manner and within the same time provided by statute for Commission

orders. The Decision and Order shall become final upon service. Delivery of the Decision and

Order to Respondents by any means specified in Commission Rule 4.4(a), 16 C.F.R. § 4.4.(a),

shall constitute service. Respondents waive any right they may have to any other manner of

service. The Complaint may be used in construing the terms of the Order, and no agreement,

understanding, representation, or interpretation not contained in the Decision and Order or the

Consent Agreement may be used to vary or contradict the terms of the Order.

10. By signing this Consent Agreement, Respondents represent and warrant that they can
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accomplish the full relief contemplated by the Consent Agreement and the attached Decision and

Order, and that all parents, subsidiaries, affiliates, and successors necessary to effectuate the full

relief contemplated by this Consent Agreement are bound thereby as if they had signed this

Consent Agreement and were made parties to this proceeding and to the Decision and Order.

11. Respondents have read the Decision and Order contemplated hereby. Respondents

understand that once the Decision and Order has been issued, they will be required to file one or

more compliance reports showing that they have fully complied with the Decision and Order. 

Respondents agree to comply with the Decision and Order from the date they sign this Consent

Agreement. Respondents further understand that they may be liable for civil penalties in the

amount provided by law for each violation of the Decision and Order after it becomes final.

LIBBEY INC. FEDERAL TRADE COMMISSION

By:__________________________ _____________________________

John F. Meier April Tabor

Chief Executive Officer Attorney

Libbey Inc. Bureau of Competition

Dated: July ___, 2002

_____________________________

_____________________________

E. Marcellus Williamson, Esq. Morris Bloom

Latham & Watkins Deputy Assistant Director

Counsel for Libbey Inc. Mergers II Division

Dated: July ___, 2002

_____________________________

NEWELL RUBBERMAID, INC. Richard Liebeskind

Assistant Director

By:__________________________ Mergers II Division

Joseph Galli, Jr.

Chief Executive Officer _____________________________

Newell Rubbermaid, Inc. Susan A. Creighton

Dated: July ___, 2002 Deputy Director

Bureau of Competition

_____________________________

_____________________________

William S. D’Amico Joseph J. Simons

Chadbourne & Parke Director

Counsel for Newell Rubbermaid, Inc. Bureau of Competition

Dated: July ___, 2002