United States v. Continental Can Co.

Plaintiff, the United States of America, has moved the Court for an order construing Section II, Paragraph 12, of the final judgment entered in the above entitled cause on June 22, 1950. It is represented that Continental Can Company (herein referred to as “Can Company”) is planning to merge with Hazel-Atlas Glass Company. It is unnecessary in determining this motion that the specific plan and terms of the merger be set forth. Suffice, that Hazel-Atlas Glass Company is asserted to be the third largest glass container maker in the United States producing glass containers and metal closures for packaging a broad, diversified line of products such as foods, cosmetics, beverages and many other items including glassware, tumblers, tableware and kitchenware and articles of special design for industrial use.

The Government contends that the proposed merger is in “contravention of the basic purpose of the Decree and of the antitrust laws.”

Section II, Paragraph 12, of the Judgment provides:

The Can Company asserts that the proposed merger is not within the contemplation of this provision of the decree. Accordingly, it did not invoke the procedure outlined, in first making an…