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In re Boeing Co., Lockheed Martin Corp. & United Launch Alliance

File No. 051-0165 (FTC, October 12, 2006)

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In re Boeing Co., Lockheed Martin Corp. & United Launch Alliance

Federal Trade Commission
File No. 051-0165 (FTC, October 12, 2006)

Facts

Boeing Company and Lockheed Martin Corporation (Lockheed) were the only two American companies that manufactured expendable launch vehicles (ELVs), a form of rocket, that were used to launch medium to heavy satellites and other space vehicles. Boing and Lockheed sold the ELVs and associated launch services to the Department of Defense (DoD) and other government customers. In 2005, Boeing and Lockheed agreed to form a joint venture known as United Launch Alliance (ULA) to consolidate their development and manufacturing of ELVs. The Federal Trade Commission (FTC) filed a complaint against Boeing and Lockheed, arguing that the ULA joint venture would violate the Clayton Act and the FTC Act by substantially reducing competition in the relevant markets for government medium-to-heavy launch services and government space vehicles. Boeing, Lockheed, and the FTC executed a proposed consent decree, and the FTC provided an analysis of the proposed decree to aid in the public-comment process taking place before the decree’s finalization. [Editor’s Note: The casebook excerpt is from the FTC’s analysis of the proposed consent decree, not from a judicial decision.]

Rule of Law

Issue

Holding and Reasoning ()

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