The Federal Trade Commission is currently accepting public comments on an application from Praxair, Inc. and Linde AG to divest hydrogen facilities and other assets to Matheson Tri-Gas, Inc. The divestiture is required by the FTC’s Oct. 22, 2018, proposed order requiring Praxair and Linde to divest certain industrial gases assets to settle charges that their $80 billion merger would violate federal antitrust law.
The FTC order required the companies to divest four sets of assets in a manner approved by the Commission to four different acquirers to resolve competitive concerns in nine industrial gases product markets in numerous geographic markets in the United States. The application proposes that Matheson will acquire from Praxair and Linde five hydrogen facilities outside the Gulf Coast region, a hydrogen pipeline in the Gulf Coast region, intellectual property, customer contracts, and other assets.
The Commission will decide whether to approve the application after a 30-day public comment period, which expires on Jan. 22, 2019. Comments can be filed electronically or in paper form by following the instructions in the “Supplementary Information” section of the Federal Register notice. (FTC File No. 171 0068; the staff contact is Eric Rohlck, Bureau of Competition, 202-326-2681.)
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