Announced Actions for October 13, 2004

Petition for approval of proposed license back agreement: The Commission has received a petition from BayerCropScience AG (BCS), requesting FTC approval to amend the Sale and Purchase Agreement (SPA) between BCS and BASF Aktiengesellschaft (BASF) to permit an exclusive license back to BSC for the agricultural use of the chemical insecticide active ingredient Fipronil. According to the petition, which is available on the FTC’s Web site as a link to this press release, the amendment to the SPA would alter the language of Section 2.1.12(a), which currently grants a license back for the use of Fipronil for nonagricultural use in Latin America (except Brazil and Mexico) and Asia, except for uses for termite applications and liquid formulations, which were excluded from the license back and retained by BASF. The license back would not include the United States. In the petition, BCS states that because the amended license back agreement will “maximize the potential of the Fipronil Business in Latin American and Asian countries, it will enable BASF to maximize the value it can realize from its existing Fipronil assets.”

The Commission is accepting public comments on the proposed amendment for 30 days, until November 10, 2004, after which it will decide whether to approve it. Comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. (FTC File No. 011-0199, Docket No. C-4049; the staff contact is Wallace W. Easterling, Bureau of Competition, 202-326-2936; see press release dated May 30, 2002.)

Commission approval of final consent order: Following a public comment period, the Commission has approved a final consent order in the matter concerning Bonzi Software, Inc., Joe Bonzi, and Jay Bonzi. The Commission vote to approve the final consent order was 5-0. (FTC File No. 042-3016; the staff contact is Laura Sullivan, Bureau of Consumer Protection, 202-326-3327; see press releases dated February 18 and September 1, 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.