Statement of FTC General Counsel William E. Kovacic

Following consultation with the Commissioners and counsel for the plaintiff States, the Federal Trade Commission’s Bureau of Competition and Office of the General Counsel today informed the U.S. Court of Appeals for the District of Columbia Circuit that the FTC would not pursue an appeal of the decision of the U.S. District Court denying the Commission’s request for a preliminary injunction to halt Arch Coal’s acquisition of Triton.

On April 1, 2004, the Commission issued an administrative complaint, Dkt. 9316, challenging the transaction. The administrative trial of the matter is scheduled to begin on October 12, 2004.

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In the Matter of Arch Coal, Inc., a corporation; New Vulcan Coal Holdings, LLC, a limited liability company; and Triton Coal Company, LLC, a limited liability company, File No. 031-0191, , Docket No. 9316