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. ) 

 ) 

(collectively, the "Respondents") ) 

____________________________________) 

INTERIM CONSENT ORDER 

 This matter having been heard by the Commission upon Respondents’ and 

Complaint Counsel’s stipulation that the following Interim Consent Order ("Order") be issued 

and be effective upon service pending the issuance of a Final Order and Opinion of the 

Commission in this matter, which is still forthcoming, 

IT IS HEREBY ORDERED: 

I. 

A. Respondents shall prevent the destruction, removal, wasting, deterioration, sale, 

disposition, transfer, or impairment of the PDM Assets, except in the ordinary course of 

business or for ordinary wear and tear. "PDM Assets" means all right, title, and interest 

in and to all assets, tangible or intangible, acquired by CB&I from PDM in the 

Acquisition, and any improvements or additions made to such assets by CB&I 

subsequent to February 7, 2001, including but not limited to: 

1. All real property (including fee simple interests and real property 

leasehold interests), including, but not limited to, the fabrication facilities 

located at Provo, Utah; Clive, Iowa; and Warren, Pennsylvania; 
2. All personal property, including machinery and equipment; 

3. All inventories, stores, and supplies; 

4. All rights under any contract, including, but not limited to, any lease, 

customer contracts, supply agreement, sole-source arrangement, and 

procurement contract; 

5. All intellectual property; 

6. All governmental approvals, consents, licenses, permits, waivers, or other 

authorizations; 

7. All rights under warranties and guarantees, express or implied; 

8. All items of prepaid expense; and 

9. All books, records, and files (electronic and hard copy) relating to the 

foregoing. 

 

B. In the event that Respondents decide to remove, sell, cease operations of, lease, assign, 

transfer, license, or otherwise dispose of any assets, tangible or intangible, at its Provo, 

Utah fabrication facility, Respondents shall notify the Secretary, Complaint Counsel, and 

the Compliance Division not later than sixty (60) days before taking such action. 

Nothing herein shall be construed to preclude the Commission from seeking judicial 

relief, if warranted, to block such action. 

C. Respondents shall take such steps to notify its employees at the Provo fabrication facility 

that CB&I has no present intention of removing, selling, ceasing operations of, leasing, 

assigning, transferring, licensing, or otherwise disposing of the Provo fabrication facility. 

Such actions shall include: 

1. notifying its current employees at the Provo fabrication facility in writing that any 

outstanding notice to terminate their employment or suspend operations at the 

Provo facility is rescinded and that operations of the Provo facility shall continue 

until further notice, consistent with CB&I's press release dated December 9, 2003; 

2. retract any notices made pursuant to the Worker Adjustment and Retraining 

Notification (WARN) Act concerning the proposed temporary suspension of 

operations at the Provo facility. 

D. Nothing in this Order shall be interpreted to decide any issues or grant Respondents any 

authority as to any issues that are not expressly stated or addressed herein. 
II. 

 IT IS FURTHER ORDERED that Respondents shall provide a copy of this Order to 

each of Respondents’ officers, employees, or agents having managerial responsibility for any of 

Respondents’ obligations under this Order, no later than five (5) days from the date this Order 

becomes final. 

 

 By the Commission. 

 Donald S. Clark 

 Secretary 

SEAL 

ISSUED: December 19, 2003 

CHI:1300024.1 CHI:1300123.2