Announced Action for June 10, 2004

Petition to reopen and modify final decision and order: The Commission has received a petition to reopen and modify the final decision and order in the 2003 transaction concerning Nestle´ Holdings Inc., File No. 021-0174, Docket No. C-4082, at http://www.ftc.gov/os/caselist/0210174.htm, which concerned Nestle´’s acquisition of Dreyer’s Grand Ice Cream Holdings, Inc. According to their filing, the respondents have petitioned the FTC on behalf of CoolBrands International, Inc., and its subsidiary Integrated Brands, Inc., the Commission-approved divestiture buyer in this proceeding.

Through the confidential petition, a redacted version of which is available on the FTC’s Web site as a link to this press release, the respondents have requested that the Commission reopen and modify the final order to amend certain provisions of existing agreements with CoolBrands, as well as to allow CoolBrands and Dreyer’s to enter into a new “Co-Pack Agreement” for the divested product that will last for an additional 12 months.

The respondents also have requested that the public comment period regarding this transaction be eliminated. If the Commission determines to shorten or eliminate the comment period as requested by the respondents, the comment period will end earlier than the date listed above. Comments may be submitted to: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. (FTC File No. 021-0174, Docket No. C-4082; the staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press releases dated March 4, June 25, and November 12, 2003.)

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