Announced Action for November 1, 2002

Applications for proposed divestiture:

The Commission has received two applications from Bayer AG (Bayer) for proposed divestitures concerning the recent merger of Bayer AG and Aventis S.A. (Aventis). Under the terms of the consent order conditionally approving this transaction, Bayer is required to divest certain assets. Bayer has petitioned the Commission to approve the divestiture of Bayer’s Acetamiprid Assets (as that term is defined in the order) to Nippon Soda Co., Ltd., as well as the divestiture of Bayer’s Fipronil Assets (as that term is defined in the order) to BASF AG. The Commission is accepting comments on the proposed divestitures until December 2, 2002, after which it will decide whether to approve them. Comments should be sent to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. (Docket No. C-4049; staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press release dated May 30, 2002.)

Commission approval of final consent orders:

Following a public comment period, the Commission has approved the issuance of a final consent order in the matter concerning the American Institute for Conservation of Historic and Artistic Works and authorized the staff to issue a response to the commenter of record. The Commission vote to approve the final consent order was 5-0. (FTC File No. 011-0244; staff contact is L. Barry Costilo, Bureau of Competition, 202-326-2024; see press release dated September 10, 2002.)

Following a public comment period, the Commission has approved the issuance of a final consent order in the matter concerning System Health Providers, Inc., et al. and authorized the staff to issue a response to the commenter of record. The Commission vote to approve the final consent order was 5-0. (FTC File No. 011-0196; staff contact is Barbara Anthony, Director, FTC Northeast Region, 212-607-2828; see press release dated August 20, 2002.)

Following a public comment period, the Commission has approved the issuance of a final consent order in the matter of MSC.Software Corporation (MSC), concerning MSC’s acquisitions of Universal Analytics, Inc. and Computerized Structural Analysis & Research Corp., and has authorized issuance of responses to the commenters of record. The FTC also has approved the appointment of John E. Rehfeld as the Monitor in this matter, pursuant to the consent order, and approved the agreement between Rehfeld and MSC. The Commission vote to approve the final consent order was 5-0. (FTC Docket No. D09299, File No. 001-0077; staff contact is Richard Dagen, Bureau of Competition, 202-326-2628; see press releases dated October 10, 2001 and August 14, 2002.)

Commission approval of Hold Separate manager:

The Commission has approved Robert W. Stone as Hold Separate manager in the matter of ConocoPhillips, which concerns the recent merger of Conoco Inc. and Phillips Petroleum Company. Under the terms of the Order to Hold Separate issued in this matter, ConocoPhillips is required to hold separate two refineries and a terminal (the Held Separate Assets) pending their divestiture to a Commission-approved buyer. The FTC already has appointed Richard Shermer, of R. Shermer & Company, as the Hold Separate Trustee in this matter. The Order to Hold Separate also requires that the Commission approve a manager of the Held Separate Assets. The Commission vote to approve the Hold Separate manager was 5-0. (FTC File No. 021-0040, Docket No. C-4058; staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press releases dated August 30, September 20, 2002, and September 24, 2002).