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Antitrust Keyed to Morgan, 7th Ed.
United States v. Penn-Olin Chemical Company
Citation:
378 U.S. 158, 84 S.Ct. 1710, 12 L.Ed.2d 775 (1964)Facts
Pennsalt Chemicals Corporation and Olin Mathieson Chemical Corporation formed Penn-Olin Chemical Company in 1960 as a joint venture to produce and sell sodium chlorate in the southeastern United States. Prior to this joint venture, the sodium chlorate industry in the United States consisted of only three producing companies: Hooker Chemical Corporation, American Potash & Chemical Corporation, and Pennsalt. Hooker and American Potash dominated the southeastern market with over 90% market share. Pennsalt had a plant in Portland, Oregon, and had been marketing sodium chlorate in the southeast through a sales arrangement with Olin since 1957. Olin had never produced sodium chlorate commercially but had extensive experience in related chemical processes and strong connections with pulp and paper mills in the southeast, which were the primary consumers of sodium chlorate. Both Pennsalt and Olin had independently considered entering the southeastern market before deciding on the joint venture. The Penn-Olin plant, built at Calvert City, Kentucky, had a capacity of 26,500 tons annually and represented about 27.6% of the expanded relevant market by 1962.
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