FYI: FTC Sets Aside Prior-Approval Provisions for Rohm and Haas Company

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Rohm and Haas Company has petitioned the Federal Trade Commission to set aside a provision in a 1992 consent order requiring the company, until 2002, to obtain the FTC's approval prior to acquiring any interest in an entity that produces architectural acrylic emulsion polymers, an ingredient in exterior latex paints. Rohm and Haas signed the consent order to settle FTC charges that its acquisition of certain paint-related assets of Union Oil Company of California (Unocal) could substantially reduce competition and raise prices in the U.S. market for acrylic emulsion polymers.

Recently, the FTC adopted a policy under which it no longer routinely requires parties to a challenged merger to obtain prior approval for future transactions. In addition, the Commission said it will operate on the presumption that the public interest requires modifying prior-approval provisions in outstanding merger orders to follow the new policy.

Rohm and Haas is based in Philadelphia, Pennsylvania. The petition will be subject to public comment for 30 days, until Nov. 13. Comments on the petition should be addressed to the FTC, Office of the Secretary, 6th St. and Pennsylvania Ave., N.W., Washington, D.C. 20580.

Copies of the petition, as well as the 1992 order and other documents associated with the case, are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 202-326-2502. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202- 326-2710. FTC news releases and other materials also are available on the Internet at the FTC's World Wide Web

site at: http://www.ftc.gov

(FTC Docket No. C-3387)

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