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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

In the Matter of 

 

Corpus Christi Polymers LLC,

 a limited liability company,

 

 Alfa, S.A.B. de C.V., 

 a corporation, 

 

Indorama Ventures Plc, 

 a corporation, 

 

 Aloke Lohia and Suchitra Lohia, 

 natural persons, 

 

 and 

 

Far Eastern New Century Corporation,

 a corporation. 

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) File No. 181-0030 

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AGREEMENT CONTAINING CONSENT ORDER

The Federal Trade Commission (“Commission”) initiated an investigation of the 

proposed acquisition of M&G Resins USA LLC’s unfinished polyethylene terephthalate 

resin production facility in Corpus Christi, Texas and related assets, by Alfa S.A.B. de 

C.V. (“DAK”) and Indorama Ventures Plc (“Indorama”), controlled by Aloke and 

Suchitra Lohia (“Lohias”), through Corpus Christi Polymers LLC (“CCP”), a planned 

production joint venture. The Commission continued the investigation after the parties 

revised the proposed acquisition to include Far Eastern New Century Corporation 

(“FENC”) as a third equal-part joint venture partner (collectively, “Proposed 

Respondents”). The Commission’s Bureau of Competition has prepared a draft 

administrative complaint (“Draft Complaint”). The Bureau of Competition and Proposed 

Respondents enter into this Agreement Containing Consent Order (“Consent 

Agreement”) to resolve the allegations in the Draft Complaint through a proposed 

Decision and Order (“Decision and Order”), both of which are attached, to present to the 

Commission. 

IT IS HEREBY AGREED by and between Proposed Respondents, by their duly 

authorized officers and attorneys, and counsel for the Commission that: 
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1. Proposed Respondent Alfa S.A.B. de C.V. is a corporation organized, existing, 

and doing business under, and by virtue of, the laws of Mexico with its executive 

offices and principal place of business located at Ave. Gómez Morin Sur No. 

1111, Col. Carrizalejo, San Pedro Garza Garcia, N.L., Mexico C.P. 66250 . 

2. Proposed Respondent Far Eastern New Century Corporation is a corporation 

organized, existing, and doing business under, and by virtue of, the laws of the 

Taiwan with its executive offices and principal place of business located at 36F, 

Taipei Metro Tower 207, Tun Hwa South Road, Sec. 2, Taipei, Taiwan. 

3. Proposed Respondent Aloke Lohia, Executive Director, Vice Chairman of the 

Board, and Group Chief Executive Officer of Indorama; and Suchitra Lohia, 

Executive Director, and Chairperson of the Corporate Social Responsibility 

Committee of Indorama are natural persons and the ultimate parent entities of 

Indorama with their executive offices and principal place of business located at 

37th Floor, Ocean Tower 2, Soi Sukhumvit 19, Wattana, Bangkok, Thailand. 

4. Proposed Respondent Indorama Ventures Plc is a corporation organized, existing, 

and doing business under, and by virtue of, the laws of the Thailand with its 

executive offices and principal place of business located at 37th Floor, Ocean 

Tower 2, Soi Sukhumvit 19, Wattana, Bangkok, Thailand. 

5. Proposed Respondent Corpus Christi Polymers LLC is a limited liability company 

organized, existing, and doing business under, and by virtue of, the laws of the 

State of Delaware with its executive offices and principal place of business 

located at 7001 Joe Fulton International Trade Corridor, Corpus Christi, TX 

78409 . 

6. Proposed Respondents admit all the jurisdictional facts set forth in the Draft 

Complaint. 

7. Proposed Respondents waive: 

a. any further procedural steps; 

b. the requirement that the Decision and Order contain a statement of findings of 

fact and conclusions of law; 

c. all rights to seek judicial review or otherwise to challenge or contest the 

validity of the Decision and Order entered pursuant to this Consent 

Agreement; and

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

8. This Consent Agreement is for settlement purposes only and does not constitute 

an admission by Proposed Respondents that the law has been violated as alleged 
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in the Draft Complaint, or that the facts as alleged in the Draft Complaint, other 

than jurisdictional facts, are true.

9. Proposed Respondents shall submit an initial compliance report, pursuant to 

Commission Rule 2.33, 16 C.F.R. § 2.33, no later than 30 days after the date on 

which Proposed Respondents execute this Consent Agreement and subsequent 

compliance reports every 60 days thereafter until the Decision and Order becomes 

final. After the Decision and Order becomes final, the reporting obligations 

contained in the Decision and Order shall control and the reporting obligations 

under this Consent Agreement shall cease. Each compliance report shall set forth 

in detail the manner in which Proposed Respondents have complied, have 

prepared to comply, are complying, and will comply with the Consent Agreement 

and the Decision and Order. Proposed Respondents shall provide sufficient 

information and documentation to enable the Commission to determine 

independently whether Proposed Respondents are in compliance with the Consent 

Agreement and the Decision and Order. 

10. Each compliance report submitted pursuant to Paragraph 9 shall be verified in the 

manner set forth in 28 U.S.C. § 1746 by the Chief Executive Officer or another 

officer or employee specifically authorized to perform this function. Commission 

Rule 2.41(a), 16 C.F.R. § 2.41(a), requires that the Commission receive an 

original and 2 copies of each compliance report. Proposed Respondents shall file 

a paper original of each compliance report with the Secretary of the Commission 

and electronic copies of each compliance report with the Secretary at 

ElectronicFilings@ftc.gov, and with the Compliance Division at 

bccompliance@ftc.gov. In addition, Proposed Respondents shall provide a copy 

of each compliance report to the Monitor, if one has been appointed pursuant to 

the Decision and Order. 

11. This Consent Agreement, and any compliance reports filed pursuant to this 

Consent Agreement, shall not become part of the public record of the proceeding 

unless and until the Commission accepts the Consent Agreement. If the 

Commission accepts this Consent Agreement, the Commission will place it, 

together with the Draft Complaint, the proposed Decision and Order, an 

explanation of the provisions of the proposed Decision and Order, and any other 

information that may help interested persons understand the Order on the public 

record for the receipt of comments for 30 days. 

12. If the Commission accepts this Consent Agreement, the Commission may, 

without further notice to Proposed Respondents: (a) issue and serve its Complaint 

(in such form as the circumstances may require), and (b) issue and serve its 

Decision and Order in disposition of the proceeding. Further, at any time before 

the Commission issues and serves its Decision and Order, the Commission may 

withdraw its acceptance of this Consent Agreement pursuant to the provisions of 

Commission Rule 2.34, 16 C.F.R. § 2.34. If the Commission withdraws its 

acceptance of this Consent Agreement, the Commission will notify Proposed 

Respondents and take other actions it considers appropriate. 
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13. The Decision and Order shall become final upon service. Delivery of the 

Complaint and the Decision and Order to Proposed Respondents by any means 

provided in Commission Rule 4.4(a), 16 C.F.R. § 4.4(a), or by delivery to United 

States counsel for Proposed Respondents identified in this Consent Agreement, 

shall constitute service to Proposed Respondents. Proposed Respondents waive

any rights they may have to any other manner of service. Proposed Respondents 

also waive any rights they may otherwise have to service of any appendices 

attached or incorporated by reference into the Decision and Order, if Proposed 

Respondents are already in possession of such Appendices, and agree that they 

are bound to comply with and will comply with the Decision and Order to the 

same extent as if they had been served with copies of the Appendices. 

14. The Complaint may be used in construing the terms of the Decision and Order 

and no agreement, understanding, representation, or interpretation not contained 

in the Decision and Order or the Consent Agreement may be used to vary or 

contradict the terms of the Decision and Order. 

15. By signing this Consent Agreement, Proposed Respondents represent and warrant

that:

a. they can fulfill all the terms of and accomplish the full relief contemplated by 

the Decision and Order including, among other things, effectuating all 

required divestitures, assignments and transfers, and obtaining any necessary 

approvals from governmental authorities, leaseholders, and other third parties 

to effectuate the divestitures, assignments, and transfers; and

b. all parents, subsidiaries, affiliates, and successors necessary to effectuate the 

full relief contemplated by this Consent Agreement and the Decision and 

Order are parties to this Consent Agreement and are bound as if they had 

signed this Consent Agreement and were made parties to this proceeding, or 

are within the control of parties to this Consent Agreement and the Decision 

and Order, or will be after the acquisition.

16. Proposed Respondents have read the Draft Complaint and the proposed Decision 

and Order. Proposed Respondents agree to comply with the terms of the proposed 

Decision and Order from the date they sign this Consent Agreement. Proposed 

Respondents understand that once the Commission has issued the Decision and 

Order, they will be required to file one or more compliance reports setting forth in 

detail the manner in which they have complied, have prepared to comply, are

complying, and will comply with the Decision and Order. When final, the 

Decision and 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 as provided 

by statute for other orders. Proposed Respondents further understand that they 

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

of the Decision and Order. 

 
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Corpus Christi Polymers LLC

___________________________ 

By: Sanjay Ahuja 

Authorized Signatory 

Corpus Christi Polymers LLC 

Dated: _____________________ 

Alfa, S.A.B. de C.V. 

___________________________ 

By: Álvaro Fernández Garza 

President and Chief Executive Officer

Alfa, S.A.B. de C.V. 

Dated: _____________________ 

___________________________ 

Jeff L. White

Weil, Gotshal & Manges LLP

Counsel for Alfa, S.A.B. de C.V. 

Dated: _____________________ 

Indorama Ventures Plc and

Aloke Lohia and Suchitra Lohia as Ultimate 

Parent Entity of Indorama Ventures Plc ;

___________________________ 

By: Mr. Aloke Lohia 

Group Chief Executive Officer 

Indorama Ventures Plc

On Behalf of Indorama Ventures Plc and in his 

personal capacity and behalf of himself and 

Mrs. Suchitra Lohia

Dated: _____________________ 

___________________________ 

Stephen Weissman

Baker Botts LLP

Counsel for Indorama Ventures Plc and 

FEDERAL TRADE COMMISSION

________________________ 

By: Michael E. Blaisdell

Attorney 

Bureau of Competition 

________________________ 

Peter Richman

Assistant Director

Mergers III Division

Bureau of Competition 

_________________________ 

Ian R. Conner 

Deputy Director

Bureau of Competition 

__________________________ 

D. Bruce Hoffman

Director

Bureau of Competition 
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Aloke and Suchitra Lohia 

Dated: _____________________ 

Far Eastern New Century Corporation

____________________________ 

By: Chen-Yu Cheng 

Corporate Management President

Far Eastern New Century Corporation 

Dated: ______________________ 

____________________________ 

Edward G. Biester III

Duane Morris LLP 

Counsel for Far Eastern New Century 

Corporation 

Dated: ______________________