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UNITED STATES v. CIBA GEIGY CORP.

April 14, 1976

UNITED STATES of America, Plaintiff,
v.
CIBA GEIGY CORPORATION, Defendant



The opinion of the court was delivered by: MEANOR

FINDINGS OF FACT

JURISDICTION

 DEFENDANT

 CIBA-GEIGY Corporation, a New York corporation has its principal offices in Ardsley, New York, and the principal offices of its pharmaceutical subsidiary in Summit, New Jersey. It was formed in 1970 through the acquisition of CIBA Corporation, a Delaware corporation, by Geigy Pharmaceuticals Corporation ("Geigy"), a New York corporation, following which the name was changed to CIBA-GEIGY Corporation.

 At all times relevant to this proceeding, CIBA was a research-oriented manufacturer and seller of ethical pharmaceutical drugs, principally in specialty form under its own trademarks.

 In 1967, CIBA's total sales were approximately $ 125 million, and CIBA's total assets in that year were about $ 137 million. In 1970, CIBA-GEIGY Corporation was the eighth largest ethical drug firm in the United States.

 CIBA'S LICENSEES AND VENDEES

 MERCK & CO. INC.

 At the time of the complaint, Merck & Co. Inc. ("Merck") was a New Jersey corporation and had its general office in Rahway, New Jersey. In 1969 Merck had total assets exceeding $ 550 million and sales of $ 447 million. In 1970 Merck was the fourth largest ethical drug firm in the United States.

 ABBOTT LABORATORIES

 At the time of the complaint, Abbott Laboratories ("Abbott") was an Illinois corporation and had its general office in North Chicago, Illinois. In 1969 Abbott had total assets of $ 388 million and sales of $ 404 million. In 1970 Abbott was the sixth largest ethical drug firm in the United States.

 WARNER-LAMBERT PHARMACEUTICAL CO.

 At the time of the complaint, Warner-Lambert Pharmaceutical Co. ("Warner") was a Delaware corporation and had its general office in Morris Plains, New Jersey. In 1969 Warner had total assets of $ 572 million and sales of $ 808 million. In 1970 Warner was the 19th largest ethical drug firm in the United States.

 G. D. SEARLE & CO.

 At the time of the complaint, G. D. Searle & Co. ("Searle") was a Delaware corporation and had its general office in Skokie, Illinois. In 1969 Searle had total assets of $ 173 million and sales of $ 164 million. In 1970 Searle was the 16th largest ethical drug firm in the United States.

 SMITH KLINE & FRENCH LABORATORIES

 At the time of the complaint, Smith Kline & French Laboratories ("SKF") was a Pennsylvania corporation and had its general office in Philadelphia, Pennsylvania. In 1969 SKF had total assets of $ 242 million and sales of $ 315 million. In 1970 SKF ...


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