UNITED STATES OF AMERICA 

 BEFORE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Timothy J. Muris, Chairman 

 Mozelle W. Thompson 

 Orson Swindle 

 Thomas B. Leary 

Pamela Jones Harbour 

 

____________________________________ 

 ) 

In the matter of ) 

 ) 

Chicago Bridge & Iron Company N.V., ) 

 a foreign corporation, ) 

 ) Docket No. 9300 

Chicago Bridge & Iron Company, ) 

 a corporation, and ) 

 ) 

Pitt-Des Moines, Inc., ) 

 a corporation. ) 

____________________________________) 

 AGREEMENT CONTAINING CONSENT ORDER 

This Agreement Containing Consent Order ("Consent Agreement"), by and between 

Chicago Bridge & Iron Company N.V. and Chicago Bridge & Iron Company ("Respondents"), 

by their duly authorized officers and attorneys, and counsel in support of the complaint for the 

Federal Trade Commission ("Commission"), is entered into in accordance with the 

Commission’s Rules governing consent order procedures. In accordance therewith the parties 

hereby agree that: 

1. Respondents have been served with a copy of the Complaint issued by the Commission in 

Docket No. 9300 charging them with violations of Section 7 of the Clayton Act, as 

amended, and Section 5 of the Federal Trade Commission Act, as amended, and have 

filed their Answer to the Complaint denying those charges but admitting the jurisdictional 

facts set forth therein. Nothing in this Agreement shall be interpreted as an admission of 

any wrongdoing as alleged in the Complaint. 

2. With respect to the attached Interim Consent Order ("Consent Order") only, Respondents 

waive: 

 

a. any further procedural steps; 

b. the requirement that the Commission’s Consent Order attached hereto and made a 

part hereof, contain a statement of findings of fact and conclusions of law; 
c. all rights to seek judicial review or otherwise challenge or contest the validity of 

the Consent Order entered pursuant to this Consent Agreement; and 

d. any claim under the Equal Access to Justice Act. 

 

3. This Consent Agreement contemplates that, if it is accepted by the Commission, and if 

such acceptance is not subsequently withdrawn by the Commission pursuant to the 

provisions of Commission Rule 3.25(f), 16 C.F.R. § 3.25(f), the Commission may, 

without further notice to Respondents: (1) issue this Consent Order, and (2) make 

information public with respect thereto. The Consent Order shall have the same force 

and effect, and may be altered, modified or set aside in the same manner and within the 

same time provided by statute for Commission orders. Nothing in this Agreement shall 

be interpreted as precluding Respondents from seeking a modification of this Consent 

Order pursuant to the Commission’s Rules of Practice. The Consent Order shall become 

final upon service. Delivery of the Consent Order to Respondents by any means 

specified in Commission Rule 4.4(a), 16 C.F.R. § 4.4.(a), shall constitute service. 

Respondents waive any right they may have to any other manner of service. The 

Complaint may be used in construing the terms of the Consent Order, and no agreement, 

understanding, representation, or interpretation not contained in the Consent Order or the 

Consent Agreement may be used to vary or contradict the terms of the Consent Order. 

4. The Commission may issue the Consent Order simultaneously with or at any time after it 

accepts the Consent Agreement for public comment. 

5. By signing this Consent Agreement, Respondents represent and warrant that they can 

accomplish the full relief contemplated by the Consent Agreement and the attached 

Consent Order, and that all parents, subsidiaries, affiliates, and successors necessary to 

effectuate the full relief contemplated by this Consent Agreement and Consent Order are 

bound thereby as if they had signed this Consent Agreement and were made parties to 

this proceeding and to the Consent Order. 

6. Respondents have read the Consent Order contemplated hereby. Respondents understand 

that once the Consent Order has been issued, they may be required to file one or more 

compliance reports, as requested by the Bureau of Competition, showing that they have 

fully complied with the Consent Order. Respondents agree to comply with the Consent 

Order from the date they sign this Consent Agreement. Respondents further understand 

that they may be liable for civil penalties in the amount provided by law for each 

violation of the Consent Order after it becomes final. 

December 12, 2003 Agreed to this date: 
Chicago Bridge & Iron Company N.V.: 

By: 

 

 ____________________________

Title: Managing Director For 

Chicago Bridge & Iron Company N.V. 

by Chicago Bridge & Iron Company B.V. 

Federal Trade Commission: 

_____________________________ 

J. Robert Robertson 

Rhett R. Krulla 

Elizabeth A. Piotrowski 

Steven Wilensky 

Hector Ruiz 

Counsel Supporting the Complaint 

Bureau of Competition 

Federal Trade Commission 

Washington, D.C. 20580 

APPROVED: 

____________________________ 

Susan A. Creighton 

Director 

Bureau of Competition

 

 

CHI:1300711.1