01 23 2012 01 23 2012 

UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of PUBLIC 

McWANE, INC.,

 a corporation, and Docket No. 9351 

STAR PIPE PRODUCTS, LTD.,

 a limited partnership. 

ANSWER OF RESPONDENT STAR PIPE PRODUCTS, LTD.
 

TO COMPLAINT OF FEDERAL TRADE COMMISSION
 

Pursuant to 16 C.F.R. § 3.12, Respondent Star Pipe Products, Ltd. (“Star”) hereby 

answers the Complaint of the Federal Trade Commission (“FTC”) by Paragraph as follows: 

1. Paragraph 1 is a mere characterization of the Complaint to which no responsive pleading 

is required. To the extent that a response to this paragraph is deemed necessary, Star admits that 

the FTC has made such allegations as recited in Paragraph 1, but Star denies any collusive 

conduct by Star. 

2. Star denies the factual allegations contained in Paragraph 2 related to Star. Star lacks 

sufficient knowledge to admit or deny the factual allegations contained in Paragraph 2 related to 

others. 

3. Star admits the factual allegation in Paragraph 3 that the ARRA “significantly altered the 

competitive dynamics of the DIPF industry.” Star states that the ARRA speaks for itself 

regarding its terms and conditions. Star denies the factual allegation in Paragraph 3 that the 

ARRA “upset the terms of coordination among the Sellers” including any implication that there 

were in fact “terms of coordination” between Star and any others. 

1
 
4. Star admits the factual allegations contained in Paragraph 4. 

5. Star admits the factual allegations contained in Paragraph 5 related to Star. Star lacks 

sufficient knowledge to admit or deny the factual allegations contained in Paragraph 5 related to 

others. 

6. Star admits the factual allegations contained in Paragraph 6 related to Star. Star lacks 

sufficient knowledge to admit or deny the factual allegations contained in Paragraph 6 related to 

others. 

7. Star denies the factual allegations contained in Paragraph 7 related to Star. Star lacks 

sufficient knowledge to admit or deny the factual allegations contained in Paragraph 7 related to 

others. 

8. Star admits the factual allegations contained in the last sentence of Paragraph 8. Star 

lacks sufficient knowledge to admit or deny the remaining factual allegations contained in 

Paragraph 8. 

9. Paragraph 9 attempts to state a legal conclusion to which no response is required. To the 

extent that a response to this paragraph is deemed necessary, Star lacks sufficient knowledge to 

admit or deny the factual allegations contained in Paragraph 9. 

10. Paragraph 10 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star admits the factual 

allegations contained in Paragraph 10. 

11. Star admits the factual allegations contained in Paragraph 11. 

2
 
12. Paragraph 12 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star admits the factual 

allegations contained in Paragraph 12. 

13. Paragraph 13 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star admits the factual 

allegations contained in Paragraph 13. 

14. Star admits the factual allegations contained in Paragraph 14. 

15. Star admits the factual allegations contained in Paragraph 15 as to Star. Star lacks 

sufficient knowledge to admit or deny the remaining allegations. 

16. Star admits the factual allegations contained in Paragraph 16 as to Star. Star lacks 

sufficient knowledge to admit or deny the remaining allegations. 

17. Star lacks sufficient knowledge to admit or deny the factual allegations contained in 

Paragraph 17. 

18. Star admits the factual allegations contained in Paragraph 18. 

19. Star admits the factual allegations contained in Paragraph 19 as generally, but not 

necessarily always, true. 

20. Star admits the factual allegations contained in Paragraph 20 as generally, but not 

necessarily always, true. 

21. Paragraph 21 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star lacks sufficient knowledge 

either to admit or deny the factual allegations contained in Paragraph 21. 

3
 
22. Paragraph 22 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star lacks sufficient knowledge 

either to admit or deny the factual allegations contained in Paragraph 22. 

23. Paragraph 23 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star lacks sufficient knowledge 

either to admit or deny the factual allegations contained in Paragraph 23. 

24. Paragraph 24 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star lacks sufficient knowledge 

either to admit or deny the factual allegations in Paragraph 24. 

25. Paragraph 25 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star lacks sufficient knowledge 

either to admit or deny the factual allegations contained in Paragraph 25. 

26. Paragraph 26 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star lacks sufficient knowledge 

either to admit or deny the factual allegations contained in Paragraph 26. 

27. Paragraph 27 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star denies the factual 

allegations contained in the preamble to Paragraph 27. 

a. Star admits the factual allegations in the first sentence of Paragraph 27(a) as 

generally, but not necessarily always, true. The second sentence of Paragraph 27(a) attempts to 

state a legal conclusion to which no response is required. To the extent that a response to this 

4
 
sentence is deemed necessary, Star denies the factual allegations contained in the second 

sentence of Paragraph 27(a). 

b. Star lacks sufficient knowledge to admit or deny the amount of sales made by 

other Sellers. The remainder of Paragraph 27(b) attempts to state a legal conclusion to which no 

response is required. To the extent that a response to this paragraph is deemed necessary, Star 

denies the remaining factual allegations contained in Paragraph 27(b). 

c. Paragraph 27(c) attempts to state a legal conclusion to which no response is 

required. To the extent that a response to this paragraph is deemed necessary, Star lacks 

sufficient knowledge to admit or deny the factual allegations contained in Paragraph 27(c). 

d. Paragraph 27(d) attempts to state a legal conclusion to which no response is 

required. To the extent that a response to this paragraph is deemed necessary, Star lacks 

sufficient knowledge to admit or deny the factual allegations contained in the first sentence of 

Paragraph 27(d) and admits that the factual allegations in the second sentence are generally, but 

not necessarily always, true. 

e. Star admits that it publishes price books listing per-unit prices for most DIPF 

items it carries and that it sends to some customers multiplier discounts which may be used in 

partially determining Star’s price for DIPF products to that customer. Star admits that McWane 

and Sigma also publish price books listing per-unit prices for most DIPF items they carry and 

that they send to some customers multiplier discounts. Star denies the allegations in the last 

sentence of Paragraph 27(e). Star lacks sufficient knowledge to admit or deny the remainder of 

the factual allegations in Paragraph 27(e). 

5
 
28. Star denies the factual allegations in Paragraph 28 as to Star. Star lacks sufficient 

knowledge to admit or deny the remaining allegations in Paragraph 28. 

29. Star denies the factual allegations in Paragraph 29 as to Star. Star lacks sufficient 

knowledge to admit or deny the remaining allegations in Paragraph 29. 

30. Star admits that input costs were rising in 2008 and that it desired to increase its revenue. 

Star lacks sufficient knowledge to admit or deny the allegations as to the desires of other Sellers. 

Star denies the remainder of the factual allegations in Paragraph 30. 

31. Star admits that McWane publicly announced an increase in the prices listed in 

McWane’s price book in January 2008. Star subsequently changed the prices listed in its own 

price book later in January 2008. Star denies the remainder of the factual allegations in 

Paragraph 31. 

32. Star denies the allegations concerning Star in Paragraph 32 and its subparts. Star lacks 

sufficient knowledge to admit or deny the remaining allegations in Paragraph 32 and its subparts. 

33. Star admits that McWane publicly announced an increase in the prices listed in 

McWane’s price book in June 2008. Star subsequently changed the prices listed in its own price 

book. Star denies the remainder of the factual allegations in Paragraph 33 as to Star. Star lacks 

sufficient knowledge to admit or deny the remaining allegations in Paragraph 33. 

34. Star denies the factual allegations in the preamble of Paragraph 34 as to Star. Star lacks 

sufficient knowledge to admit or deny the remaining allegations in the preamble to Paragraph 34. 

a. Star denies any allegations as to Star in Paragraph 34(a). Star lacks sufficient 

knowledge to admit or deny the remaining factual allegations contained in Paragraph 34(a). 

6
 
b. Star denies any allegations as to Star in Paragraph 34(b). Star lacks sufficient 

knowledge to admit or deny the remaining factual allegations contained in Paragraph 34(b). 

c. Star denies the allegations as to Star in Paragraph 34(c). Star lacks sufficient 

knowledge to admit or deny the remaining factual allegations contained in Paragraph 34(c). 

d. Star admits that McWane publicly announced an increase in the prices listed in 

McWane’s price book in June 2008. Star subsequently changed the prices listed in its own price 

book. Star denies the remainder of the factual allegations in Paragraph 34(d) as to Star. Star 

lacks sufficient knowledge to admit or deny the remaining allegations in Paragraph 34(d). 

e. Star lacks sufficient knowledge to admit or deny the factual allegations contained 

in Paragraph 34(e). 

35. Star admits that it submitted data as to tons shipped to an accounting firm with Star’s 

shipments reported in several aggregated product categories and that DIFRA sent reports to Star 

showing only aggregated data. Star denies the remainder of the factual allegations in 

Paragraph 35. 

36. Paragraph 36 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star denies the factual 

allegations as to Star contained in Paragraph 36. Star lacks sufficient knowledge to admit or 

deny the remaining factual allegations contained in Paragraph 36 as to others. 

37. Paragraph 37 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star denies the factual 

allegations contained in Paragraph 37 as to Star. Star lacks sufficient knowledge to admit or 

deny the factual allegations contained in Paragraph 37 as to others. 

7
 
38. Paragraph 38 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star denies the factual 

allegations contained in Paragraph 38 as to Star. Star lacks sufficient knowledge to admit or 

deny the remaining allegations in Paragraph 38. 

39. Paragraph 39 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 39 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

40. The allegations in Paragraph 40 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s knowledge. Star, 

however, does not contest and admits in that limited sense for the limited purpose of only the 

Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against only McWane 

those matters alleged in this paragraph against McWane. 

41. Paragraph 41 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 41 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

8
 
42. Paragraph 42 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 42 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

43. Paragraph 43 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 43 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

44. The allegations in Paragraph 44 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. Star admits the 

allegations as to Star’s having an incentive to enter the domestic DIPF market. 

45. The allegations in Paragraph 45 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

9
 
purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. Star admits that it 

attempted to enter the domestic DIPF market in response to the ARRA. 

46. Paragraph 46 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 46 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

47. The allegations in Paragraph 47 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

48. The allegations in Paragraph 48 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s knowledge. Star, 

however, does not contest and admits in that limited sense for the limited purpose of only the 

Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against only McWane 

those matters alleged in this paragraph against McWane. 

49. The allegations in Paragraph 49 and its subparts are directed at McWane and not at Star, 

and Star lacks sufficient knowledge to admit or deny factual matters solely within McWane’s 

and others’ knowledge. Star, however, does not contest and admits in that limited sense for the 

10
 
limited purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding 

against only McWane those matters alleged in this paragraph against McWane. 

50. The allegations in Paragraph 50 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

51. The allegations in Paragraph 51 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

52. The allegations in Paragraph 52 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

53. The allegations in Paragraph 53 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

11
 
54. The allegations in Paragraph 54 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

55. The allegations in Paragraph 55 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s and others’ 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

56. The allegations in Paragraph 56 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s knowledge. Star, 

however, does not contest and admits in that limited sense for the limited purpose of only the 

Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against only McWane 

those matters alleged in this paragraph against McWane. Star admits the allegations in the first 

sentence in Paragraph 56. 

57. The allegations in Paragraph 57 and its subparts are directed at McWane and not at Star, 

and Star lacks sufficient knowledge to admit or deny factual matters solely within McWane’s 

knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

58. The allegations in Paragraph 58 and its subparts are directed at McWane and not at Star, 

and Star lacks sufficient knowledge to admit or deny factual matters solely within McWane’s 

12
 
knowledge. Star, however, does not contest and admits in that limited sense for the limited 

purpose of only the Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against 

only McWane those matters alleged in this paragraph against McWane. 

59. The allegations in Paragraph 59 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s knowledge. Star, 

however, does not contest and admits in that limited sense for the limited purpose of only the 

Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against only McWane 

those matters alleged in this paragraph against McWane. Star admits the allegations as to the 

impact of McWane’s actions on Star. 

60. The allegations in Paragraph 60 are directed at McWane and not at Star, and Star lacks 

sufficient knowledge to admit or deny factual matters solely within McWane’s knowledge. Star, 

however, does not contest and admits in that limited sense for the limited purpose of only the 

Fourth, Fifth, Sixth and Seventh Violations alleged in this proceeding against only McWane 

those matters alleged in this paragraph against McWane. Star admits the allegations as to the 

impact of McWane’s actions on Star. 

61. Paragraph 61 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 61 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

13
 
62. Paragraph 62 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 62 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

63. Paragraph 63 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 63 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

64. Paragraph 64 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star denies the factual 

allegations as to Star in Paragraph 64 and lacks sufficient knowledge to admit or to deny the 

allegations as to McWane and Sigma. 

65. Paragraph 65 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star denies the factual 

allegations as to Star in Paragraph 65 and lacks sufficient knowledge to admit or to deny the 

allegations as to McWane and Sigma. 

14
 
66. Paragraph 66 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, Star denies the factual 

allegations as to Star in Paragraph 66 and lacks sufficient knowledge to admit or to deny the 

allegations as to McWane and Sigma. 

67. Paragraph 67 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 67 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

68. Paragraph 68 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 68 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

69. Paragraph 69 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 69 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

15
 
Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

70. Paragraph 70 attempts to state a legal conclusion to which no response is required. To 

the extent that a response to this paragraph is deemed necessary, the allegations in Paragraph 70 

are directed at McWane and not at Star, and Star lacks sufficient knowledge to admit or deny 

factual matters solely within McWane’s knowledge. Star, however, does not contest and admits 

in that limited sense for the limited purpose of only the Fourth, Fifth, Sixth and Seventh 

Violations alleged in this proceeding against only McWane those matters alleged in this 

paragraph against McWane. 

Star denies that the Commission is entitled to any relief against Star. 

Star denies any other allegations in the Complaint. 

Affirmative Defenses 

Star asserts the following defenses and reserves its right to raise additional defenses. 

1. The Complaint, in whole or in part, fails to state a claim against Star upon which relief 

can be granted. 

2. As to the claims against Star, the Complaint fails to comply with the requirements of 

Section 5(b) of the Federal Trade Commission Act, 15 U.S.C. § 45(b), because the issuance of 

the complaint and relief sought against Star are not in the public interest. 

3. The claims against Star are barred, in whole or in part, by laches. 

4. The claims against Star are barred, in whole or in part, by the First Amendment. 

5. Star reserves the right to adopt any affirmative defenses set forth by Respondent 

McWane applicable to the First, Second and Third Violations alleged in the Complaint. 

16
 
Therefore, Star demand judgment dismissing the Complaint with prejudice and awarding 

costs and such other relief as deemed just and proper. 

Dated: January 23, 2012 

 Respectfully submitted, 

/s/ Gregory S. C. Huffman 

Gregory S. C. Huffman 

William M. Katz, Jr. 

Nicole L. Williams 

Brian W. Stoltz 

Thompson & Knight LLP 

1722 Routh Street, Suite 1500 

Dallas, Texas 75201 

(214) 969-1700 

fax: (214) 969-1751 

gregory.huffman@tklaw.com 

william.katz@tklaw.com 

nicole.williams@tklaw.com 

brian.stoltz@tklaw.com 

Attorneys for Star Pipe Products, Ltd. 

17
 
Certificate of Service and Regarding Electronic Submission 

I hereby certify that on January 23, 2012, I filed the foregoing document electronically in 

PDF format using the FTC’s E-Filing System, and thereby filed the document with: 

Donald S. Clark 


Secretary
 

Federal Trade Commission 


600 Pennsylvania Ave., NW, Rm. H-113 


Washington, DC 20580 


I also certify that on January 23, 2012, I served a copy of the foregoing document on the 

following by first-class mail: 

The Honorable D. Michael Chappell Christopher Renner 

Administrative Law Judge Federal Trade Commission 

Federal Trade Commission 601 New Jersey Ave., NW 

600 Pennsylvania Ave., NW, Rm. H-106 Rm. NJ-6249 

Washington, DC 20580 Washington, DC 20001 

Melanie Sabo Donald S. Clark 

Assistant Director Secretary 

Bureau of Competition Federal Trade Commission 

Federal Trade Commission 600 Pennsylvania Ave., NW, Rm. H-113 

601 New Jersey Ave., NW Washington, DC 20580 

Rm. NJ-6223 

Washington, DC 20001 

I also certify that the electronic PDF copy of the foregoing document sent to the 

Secretary of the Commission via the FTC E-Filing System is a true and correct copy of the 

original in my possession, which is available for review by the parties and the adjudicator. 

/s/ Brian W. Stoltz 

Brian W. Stoltz 

2827743.3 

18