The opinion of the court was delivered by: GASCH
Plaintiff, United States of America, having filed its complaint herein on March 4, 1968, and the defendant Imperial Chemical Industries having consented to the personal jurisdiction of the Court, and defendant Glaxo Group Limited's two challenges to jurisdiction having been denied by orders of this Court dated April 30, 1968, and November 20, 1969, and the Court having granted plaintiff's several motions for summary judgment respecting the illegality of the challenged combination and agreements, and the only remaining matter for this Court being the form of relief, and the Court having considered the matter on the basis of the briefs and affidavits of the parties and oral argument and being duly advised, it is hereby
Ordered, Adjudged, and decreed as follows:
As used in this Final Judgment:
(A) "Glaxo" means defendant Glaxo Group Limited;
(B) "ICI" means defendant Imperial Chemical Industries Limited;
(C) "Drug" shall be defined as it is in 21 U.S.C. § 321(g)(1); and such term shall also include any form of such drug (bulk, dosage form or otherwise);
(D) "United States sale" means any sale of any drug, made in the United States or made abroad in contemplation of exportation to the United States;
(E) "Person" means any individual, corporation, association, partnership, or other legal entity;
(A) The Court has jurisdiction of the subject matter of this action and of the parties hereto.
(B) The defendants have, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1), entered into contracts with their respective purchasers in the United States restricting their freedom to resell the drug griseofulvin in bulk form; and have, in violation of said Section, agreed with each ...