The Competition Commission of India (CCI)  is of the prima facie opinion that the proposed combination between Dow Chemical Company (Dow) and E. I. du Pont de Nemours and Company(DuPont) is likely to have an appreciable adverse effect on competition and, accordingly, has directed Parties, in terms of Section 29(2) of the Competition Act, 2002, to publish details of the combination for bringing the combination to the knowledge or information of the public and persons affected or likely to be affected by such combination.

Parties have already published the details of the propopsed combination in all India editions of four newspapers viz., Hindu Business Line, Indian Express, Financial Express, and Pioneer on 18th March, 2017 and also hosted the same on their websites. The said details are also available on the website of the Commission (www.cci.gov.in).

 Earlier, on 19th May, 2016, the Competition Commission of India (CCI) had received a notice jointly filed by Dow Chemical Company (Dow) and E. I. du Pont de Nemours and Company(DuPont) for a proposed combination between DuPont and Dow.

As per the provisions of Section 29(3) of the Act, the Commission invites comments/objections/ suggestions in writing, from any person(s) adversely affected or likely to be affected by the propoposed combination.  The same may be addressed to the Secretary, Competition Commission of India, Hindustan Times House, 7th Floor, 18-20, Kasturba Gandhi Marg, New Delhi – 110001 or through email: [email protected], within fifteen working days from the date of publication of details of the proposed combination.

DuPont is inter alia, engaged in agriculture (including seeds) industrial bio-sciences, nutrient and health, performance chemicals and materials, safety and production.  Dow is active in chemical, plastic, agriculture products and services to consumer markets that include food transportation, health and medicine, personal care etc.

Appreciable adverse effect on competition found in Dow-DuPont merger; public comments invited under Section 29 process. The Commission has a prima facie view that the Dow-DuPont combination is likely to have an appreciable adverse effect on competition and has directed publication of the combination details under Section 29(2). It invites written comments, objections and suggestions from persons adversely affected or likely to be affected under the consultation procedure provided by Section 29(3), with responses due within the statutory time period from the date of publication; parties have published details in national newspapers and online.