FTC Seeks Public Comments on Dow Chemical Company's Application to Approve Amendments to Asset Purchase Agreement with Arkema Inc.

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The Federal Trade Commission is seeking public comments on an application by The Dow Chemical Company for approval of amendments to an asset purchase agreement executed on July 31, 2009, between Dow and Arkema Inc. The application is required by the FTC’s final 2009 order regarding Dow’s acquisition of Rohm & Haas, which requires Dow to obtain FTC approval of any modifications to contracts and other agreements related to divestitures required by the order.

Under the order, Dow was required to sell its property in Torrance, California, that includes a latex polymer plant, to Arkema. Dow now proposes to amend the Torrance Facility asset purchase agreement to change the scope of the facility’s rail-offloading project to better conform to Arkema’s procedure for loading and unloading railcars. According to Dow’s application, the changes will not materially affect operations at the Torrance Facility.

The FTC is seeking public comments on the application for 30 days, until August 15, 2011. Comments should be sent to: FTC, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580, or can be submitted electronically here. (FTC File No. 081-0214, Docket No. C-4243; the staff contact is Roberta Baruch, Bureau of Competition, 202-326-2861; see press release dated January 23, 2009.)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Room 394, Bureau of Competition, Federal Trade Commission, 600 Pennsylvania Ave, N.W., Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook and follow us on Twitter.

(FYI 32.5.2011.wpd)

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