Announced Action for July 23, 2004

Commission approval of request for extension of time: The Commission has approved a request for an extension of time pending Commission action on a petition to reopen and modify the final decision and order in the 2003 transaction involving Nestlé Holdings Inc., (File No. 021-0174, Docket No. C-4082) which concerned Nestle’s acquisition of Dreyer’s Grand Ice Cream Holdings, Inc. According to their filing, the respondents 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 request, a redacted version of which is available on the FTC’s Web site, the respondents requested that the Commission extend the deadlines contained in the order until the Commission acts on respondents’ petition to 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 “Trademark License Agreement” for Whole Fruit fruit bars that will last for an additional 18 months. Through the action announced today, the FTC has approved the respondents’ extension request by a vote of 4-0-1, with Commissioner Pamela Jones Harbour not participating. (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 2, June 5, and November 12, 2003; and July 2, 2004 )

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.