FTC Seeks Public Comment on Dow Chemical Application to Amend Agreement with Huntsman Related to Union Carbide Acquisition

The Federal Trade Commission is seeking public comment on an application by the Dow Chemical Company to amend an agreement related to its 2001 acquisition of Union Carbide Corporation. The settlement in this matter, which was designed to remedy the alleged anticompetitive effects of the deal, included the Huntsman Agreement, under which Dow agreed to sell its ethyleneamines business to Huntsman International LLC.

As part of the sale, the agreement required Dow to separate the environmental systems of the ethyleneamines business from other systems at its Freeport, Texas, site. Ethyleneamines are a family of chemicals used in a variety of applications, including lubricating oil additives, epoxy curing agents, personal care products, pulp and paper products, and fungicides

In December 2010, Dow entered into the proposed “Deep Well Amendment” with Huntsman to accomplish this goal. According to the application, the proposed amendment reflects an understanding between Dow and Huntsman regarding a joint wastewater treatment project at the Freeport site. In its application, Dow states that the proposed Deep Well Amendment is consistent with the FTC’s Order and should be approved.

The Commission is accepting public comment on Dow’s application until March 28, 2011, after which it will decide whether to approve it. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. To file a comment, please click on: https://ftcpublic.commentworks.com/ftc/dowhuntsmanpetition, and follow the instructions at that site. Copies of the application also can be found on the FTC’s website and as a link to this press release. (FTC File No. 991-0301, Docket No. C-3999; the staff contact is Roberta S. Baruch, Bureau of Competition, 202-326-2861; see press release dated February 5, 2001.)

Copies of the document mentioned in this release are available from the FTC’s website at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.