FTC Approves Dow Chemical Company's Application to Amend Asset Purchase Agreement with Arkema Inc.

Following a public comment period, the Federal Trade Commission has approved an application by The Dow Chemical Company to amend an asset purchase agreement executed on July 31, 2009, between Dow and Arkema Inc. The application was 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. The FTC approved Dow’s request 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 Commission vote approving Dow’s application was 5-0. (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.)

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