UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Jon Leibowitz, Chairman 

 J. Thomas Rosch 

Edith Ramirez 

 Julie Brill 

____________________________________ 

) 

In the Matter of ) 

) 

McWane, Inc., ) Docket No. 9351 

 a corporation, and ) 

 ) 

Star Pipe Products, Ltd. ) 

 a limited partnership. ) 

____________________________________ ) 

 

AGREEMENT CONTAINING CONSENT ORDER 

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

between Complaint Counsel and Star Pipe Products, Ltd. (“Respondent”), by its duly 

authorized officer and attorneys, is entered into in accordance with the Commission’s 

Rules governing consent order procedures. In accordance therewith the parties hereby 

agree that: 

1. “Respondent” or “Star” means Star Pipe Products, Ltd., its directors, officers, 

employees, agents, representatives, predecessors, successors, and assigns; and its 

joint ventures, subsidiaries, divisions, groups and affiliates controlled by Star; and 

the respective directors, officers, employees, agents, representatives, 

predecessors, successors, and assigns of each. Respondent Star Pipe Products, 

Ltd., is a limited partnership organized, existing and doing business under and by 

virtue of the laws of the State of Texas with its office and principal place of 

business located at 4018 Westhollow Parkway, Houston, Texas 77082. 

2. Respondent 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 has filed its Answer to the Complaint denying 

those charges. 

3. Respondent admits all the jurisdictional facts set forth in the Complaint. 

4. Respondent waives: 
a. any further procedural steps; 

b. the requirement that the Commission’s Decision and Order (“Decision and 

Order”) 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 Commission’s Decision and Order; and 

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

5. 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 Respondent, 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. 

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

an admission by Respondent 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. 

7. 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 Respondent: (1) issue the Decision 

and Order in disposition of the First and Second Violations of the Complaint 

against Star, and (2) make information public 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 Respondent by any means specified in Commission Rule 

4.4(a), 16 C.F.R. § 4.4(a), shall constitute service. Respondent waives any right it 

may have to any other manner of service. The Complaint may be used in 

construing the terms of the Decision and 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 Decision 

and Order. 

8. By signing this Consent Agreement, Respondent represents and warrants that it 

can 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 and Decision and Order are bound thereby as if they had signed this 

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

and Order. 

9. Respondent has read the Decision and Order contemplated hereby. Respondent 

understands that once the Decision and Order has been issued, it will be required 

to file one or more compliance reports showing that it has fully complied with the 

Decision and Order. Respondent agrees to comply with the Decision and Order 

from the date it signs this Consent Agreement. Respondent further understands 

that it may be liable for civil penalties in the amount provided by law for each 

violation of the Decision and Order after it becomes final. 

STAR PIPE PRODUCTS, LTD. FEDERAL TRADE COMMISSION

 

By: 

 ______________________________ 

 Edward Hassi 

 Star Pipe Products., Ltd. Complaint Counsel 

 Bureau of Competition 

______________________________ ______________________________ 

Gregory S.C. Huffman, Esq. Peter J. Levitas 

Thompson & Knight LLP Deputy Director 

Counsel for Star Pipe Products, Ltd Bureau of Competition 

         

 ______________________________ 

 Richard A. Feinstein 

 Director 

 Bureau of Competition 

Dated: February , 2012