FTC Approves Dow Chemical Company Application to Modify Contract with Arkema Inc.

Following a public comment period, the Federal Trade Commission has approved a request submitted by The Dow Chemical Company to modify a software licensing agreement with Arkema Inc. The modification licenses additional programs for Arkema to use in the latex polymers business divested under an FTC Order issued in April 2009 to resolve the Commission’s competitive concerns about Dow’s acquisition of Rohm & Haas Company, and adds software inadvertently omitted from the original license. The software license is one of the agreements between Dow and Arkema that effected the divestiture of Dow’s latex polymers business to Arkema in January 2010. The divestiture was required by the 2009 Order, under which Dow is must obtain FTC approval of any modification to a contract related to divestitures it required.

The Commission vote approving the application was 5-0. (FTC Docket No. C-4243; the staff contact is Roberta Baruch, Bureau of Competition, 202-326-2861; see press release dated January 23, 2009, at http://www.ftc.gov/opa/2009/01/dow.shtm.)

Copies of the documents 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.

(FYI 45.2010.wpd)