FOR IMMEDIATE RELEASE: July 1, 1988 FTC CHARGES ILLINOIS CEREAL MILLS' ACQUISITION OF ELDERS GRAIN INC.'S DRY CORN MILL ASSETS VIOLATED THE ANTITRUST LAWS The Federal Trade Commission has issued an administrative complaint charging that Illinois Cereal Mills Inc.'s acquisition of Lincoln Grain Co. from Elders Grain Inc. could substantially reduce competition in the production and sale of dry corn mill products in the United States. On June 5, Illinois Cereal acquired Lincoln Grain. The Commission authorized its staff on June 6 to seek a preliminary injunction against the acquisition. U.S. District Court Judge Nicholas Bua, in Chicago, issued a temporary restraining order on June 10 requiring both Illinois Cereal and Lincoln Grain to maintain the status quo of the Atchison corn mill, related operations, and employees. On June 24, Judge Bua granted the FTC's request for preliminary injunctive relief, and ordered that the acquisition be undone and that the contracts between Illinois Cereal and Elders be rescinded. That order has been stayed pending appeal in the Seventh Circuit U.S. Court of Appeals. Lincoln Grain Co. consists of a dry corn mill and grain elevator facilities in Atchison, Kansas, and comprises all of Elders' dry corn mill assets. The complaint charged that the acquisition could hurt competition in industrial dry corn milling and in the specific products produced by dry corn mills for food use, such as flaking grits, brewer's grits, corn meal, and corn flour. The Commission said that, if it eventually finds that the acquisition violated the law, it could order Illinois Cereal to divest any Elders' dry corn milling assets it had acquired or transfer those assets back to Elders. NOTE: The Commission issues an administrative complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The issuance of a complaint is not a finding or ruling that the respondent has actually violated the law. Copies of the complaint will be available soon from the FTC's Public Reference Branch, Room 130, 6th St. and Pennsylvania Ave. N.W., Washington, D.C. 20580; 202-326-2222; TTY 202-326- 2502. # # # MEDIA CONTACT: Susan Ticknor, Office of Public Affairs, 202-3226-2181 STAFF CONTACT: Ronald B. Rowe, Bureau of Competition, 202-326-2610 (Docket No. 9213) (grain)