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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF THE ADMINISTRATIVE LAW JUDGES

Washington, D.C.

In the Matter of

ECM BioFilms, Inc.,

a corporation, also d/b/a

Enviroplastics International,

Respondent.

 

Docket No. 9358

PUBLIC

RESPONDENT’S RENEWED MOTION FOR IN CAMERA TREATMENT OF 

CERTAIN PROPOSED TRIAL EXHIBITS

Pursuant to Rule 3.45(b) of the Commission’s Rules of Practice, Respondent ECM 

BioFilms, Inc. (ECM) hereby seeks in camera treatment of various documents that have been 

designated as potential exhibits for trial.1 

INTRODUCTION

On June 11, 2014, Complaint Counsel provided ECM with its final proposed exhibit list, 

containing over 800 proposed exhibits. On June 25, 2014, ECM provided Complaint Counsel 

with its own exhibit list, containing over 450 exhibits. ECM has carefully reviewed these 

exhibits to determine whether they contain confidential and sensitive information that should be 

subject to in camera treatment. While it would be ECM’s preference that the majority of these 

documents be subject to such treatment, ECM understands that only those documents for which

public exposure would likely result in a clear and defined serious injury, or documents 

containing sensitive personal information, can be subject to in camera treatment. To that end, 

ECM respectfully requests that this Court grant in camera treatment to a total of 28 proposed 

 

1

In accordance with Rule 3.45(e), ECM submits contemporaneously with this Motion all 

of the confidential exhibits identified below to the Office of the Administrative Law Judge. 

08 01 2014
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exhibits.2 As explained below and in the Affidavit of Robert Sinclair, attached as Exhibit A, all 

28 of these documents contain truly confidential information, such as customer lists, financial 

information, personal information, and business strategy. 

LEGAL STANDARD

Upon motion, this Court may order that material, or portions thereof, offered into 

evidence be subject to in camera treatment. 16 C.F.R. § 3.45(b). In order to designate material 

for in camera treatment, this Court must find that public disclosure of such material “will likely 

result in a clearly defined, serious injury to the person, partnership, or corporation requesting in 

camera treatment or after finding that the material constitutes sensitive personal information.” 

Id. “The showing may consist of extrinsic evidence or, in certain instances, may be inferred 

from the nature of the documents themselves.” H.P. Hood & Sons, Inc., 58 F.T.C. 1184 (Mar. 

14, 1961). 

In determining whether to grant in camera treatment of certain material, this Court 

weighs the six factors first articulated in Bristol-Myers:

(1) the extent to which the information is known outside of his business; (2) the 

extent to which it is known by employees and others involved in his business; (3) 

the extent of measures taken by him to guard the secrecy of the information; (4) 

the value of the information to him and to his competitors; (5) the amount of 

effort or money expended by him in developing the information; (6) the ease or 

difficulty with which the information could be properly acquired or duplicated by 

others.

Matter of Bristol-Myers Co.. 90 F.T.C. 455 (Nov. 11, 1977). The Commission has since

explained that “serious injury” can mean “[t]he likely loss of business advantages.” Hoechst 

Marion Roussel, Inc., 200 F.T.C. LEXIS at *6. In sum, “[a] party must make a clear showing 

 

2 On July 23, 2014, this Court denied ECM’s original motion for in camera treatment 

without prejudice, and allowed ECM to file this renewed motion. 
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that the information concerned is sufficiently secret and sufficiently material to their business 

that disclosure would result in serious completive injury.” In the Matter of Polypore Int’l, Inc., 

2011 WL 668505 (Feb. 11, 2011) (citation omitted). 

ARGUMENT

Throughout this litigation, ECM has produced over 116,000 documents to Complaint 

Counsel. Initially, ECM marked all of these products as “confidential.” The 28 documents3

ECM requests in camera treatment for amounts to less than 0.02% of all documents produced by 

ECM. All 28 of these documents contain either information that will either likely result in a 

serious and clearly defined injury to ECM, or material consisting sensitive personal information. 

See Exhibit A (Affidavit of Robert Sinclair).

ECM is a small company with six employees that competes in a competitive plastics 

market. See id. It sells additives that render plastic materials biodegradable. See id. ECM faces 

intense market competition from companies selling competing technologies each trying to 

elevate their methods of dealing with the issues and disparaging other solutions. See id. ECM 

also faces intense competition within the biodegradable additives sector. See id. 

ECM customers have shown that they are willing to purchase products from ECM 

competitors who FTC has not targeted. See id. It is very easy for these customers who use 

products like the ECM additive to switch to a competitor’s product. See id. {For example, 

PPC Industries, Inc. sought to switch from ECM to Eco Logic in October, 2013. See PPC 

e-mail correspondence, attached as Exhibit B.}

 

 

3 While the list below only contains 24 numbered paragraphs, there are 28 individual 

exhibits contained within those 24 paragraphs.
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IN CAMERA TREATMENT SHOULD BE GRANTED FOR THE FOLLOWING 

PROPOSED EXHIBITS

For the reasons explained in Exhibit A, in camera treatment should be granted for the 

following proposed exhibits or portions thereof: 

1. RX-132. This potential exhibit contains e-mail correspondence between ECM and 

various companies, including Multiplast Systems Inc. The e-mail correspondence between

Multiplast Systems Inc. contains pricing information for the ECM additive. ECM requests at the 

very least that this information be redacted from this exhibit and that it remain confidential until 

8/1/2017.4 

2. RX-330 and RX-331. These potential exhibits are ECM’s pricing sheets from 2010.

ECM requests that these exhibits remain confidential until 8/1/2017.5

3. CCX-234. This potential exhibit is a list of ECM’s international customers and ECM’s 

sales to these customers by Year 2009–2013. ECM requests that this exhibit remain confidential 

until 8/1/2019.6 

4. CCX-322. This potential exhibit contains email correspondence between ECM and 

Airbag Packing®. Some of the email correspondence contains specific pricing information for 

 

4 Complaint Counsel consented to in camera treatment of this whole document. This 

document is nonetheless included in this motion because 16 C.F.R. § 3.45(b) provides that a 

“party . . . may obtain in camera treatment for material, or portions thereof, offered into evidence 

only by motion to the Administrative Law Judge.” Thus, even though the parties have agreed to 

in camera status for this exhibit, it is still necessary to include it in this motion. Other documents 

that Complaint Counsel has consented to, in whole or in part, are addressed in footnotes below. 

They are included in this motion for the same reasons as RX-132. 

5 Complaint Counsel consented to in camera treatment for both of these documents in 

their entirety.

6 Complaint Counsel consented to in camera treatment for this document in its entirety.
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ECM’s additive. ECM requests that this pricing information be redacted from this exhibit and 

that it remain confidential until 8/1/2017.7

5. CCX-392. This potential exhibit contains specific pricing information of the ECM 

additive. ECM requests that this exhibit remain confidential until 8/1/2017.8

6. CCX-395. This potential exhibit contains specific information on the amount of money 

spent by IMEX Vinyl Packaging in deciding whether to use the ECM additive. ECM requests 

that this exhibit remain confidential until 8/1/2017.9

7. RX-130. This potential exhibit contains, inter alia, a 2008 contract negotiation between 

ECM and a potential distributor for ECM’s product, Agulla Int’l Co. ECM requests that the 

information concerning the contract negotiation be redacted from this exhibit and remain 

confidential until 8/1/2019.10

 

7 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of, as applicable, the price of ECM’s 

additive, the amount of additive that was purchased/requested, personal cell phone numbers, 

personal email accounts, shipping account information (e.g., FedEx or UPS account numbers),

credit card information, customer names that have not been previously disclosed, and the number 

of ECM customers. ECM is willing to redact information that this Court agrees is deserving of 

in camera treatment.

8 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. 

9 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. 

10 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the removal and in camera treatment of the email 

from Agulla Int’l Co. that begins on page 7 of the PDF file and ends on page 9 of the PDF file so 

long as the remainder of the document is turned into a new, public exhibit. 
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8. CCX-305. This potential exhibit contains an e-mail from ECM to FabriTRAK systems, 

Inc. wherein ECM explicitly mentions the size of its customer’s order. ECM requests that this 

information be redacted from this exhibit and remain confidential until 8/1/2017.11

9. CCX-676. This potential exhibit contains a discussion between ECM and one of its 

distributors on how to obtain specific types of customers. ECM requests that this information be 

redacted from this exhibit and remain confidential until 8/1/2017.12

10. CCX-408. This potential exhibit contains ordering information, payment information, 

and other sensitive information regarding the contacts between American Plastic Mfg. Inc. and 

ECM. ECM requests that this exhibit remain confidential until 8/1/2017.13

11. CCX-410. This potential exhibit contains ordering information, payment information, 

and other sensitive information regarding the contacts between Bio-Tec Environmental, LLC and 

ECM. ECM requests that this exhibit remain confidential until 8/1/2017.14

12. CCX-413. This potential exhibit contains ordering information, payment information, 

ordering terms, and other sensitive information regarding the contacts between EcoSmart Plastics

and ECM. ECM requests that this exhibit remain confidential until 8/1/2017.15

 

11 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. 

12 Complaint Counsel does not consent to in camera treatment of this document. 

13 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

14 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

15 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 
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13. CCX-414. This potential exhibit contains ordering information, payment information, 

personal cell phone numbers, specific ordering terms, and other sensitive information regarding 

the contacts between Flexible Plastics, Inc. and ECM. ECM requests that this exhibit remain 

confidential until 8/1/2017.16

14. CCX-416. This potential exhibit contains ordering information, payment information, 

personal cell phone numbers, specific ordering terms, and other sensitive information regarding 

the contacts between Hi-De Liners, LLC. and ECM. ECM requests that this exhibit remain 

confidential until 8/1/2017.17

15. CCX-417. This potential exhibit contains ordering information, payment information, 

specific ordering terms, and other sensitive information regarding the contacts between Myers 

Industries Lawn and Garden and ECM. ECM requests that this exhibit remain confidential until 

8/1/2017.18

16. CCX-418. This potential exhibit contains ordering information, payment information, 

specific ordering terms, and other sensitive information regarding the contacts between 

PolyFusion LLC and ECM. ECM requests that this exhibit remain confidential until 8/1/2017.

17. CCX-419. This potential exhibit contains ordering information, payment information, 

specific ordering terms, shipping costs, cell phone numbers, UPS account numbers, and other 

 

16 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

17 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

18 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 
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sensitive information regarding the contacts between Sealed Air Corporation and ECM. ECM 

requests that this exhibit remain confidential until 8/1/2019.19

18. CCX-420. This potential exhibit contains ordering information, payment information, 

specific ordering terms including amounts and costs, and other sensitive information regarding 

the contacts between Automated Packaging Systems Group and ECM. ECM requests that this 

exhibit remain confidential until 8/1/2017.20

19. CCX-421. This potential exhibit contains ordering information, payment information, 

specific ordering terms including amounts, and other sensitive information regarding the contacts 

between Bemis PPD and ECM. ECM requests that this exhibit remain confidential until 

8/1/2017.21

20. CCX-422. This potential exhibit contains ordering information, payment information, 

specific ordering terms including amounts and prices, and other sensitive information regarding 

the contacts between Shields Bag and Printing Company and ECM. ECM requests that this 

exhibit remain confidential until 8/1/2017.22

21. CCX-423. This potential exhibit contains ordering information, payment information, 

specific ordering terms including amounts and prices, and other sensitive information regarding 

 

19 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

20 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

21 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

22 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 
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the contacts between Westchem, Inc. and ECM. ECM requests that this exhibit remain 

confidential until 8/1/2017.23

22. CCX-429. This potential exhibit contains ordering information, payment information, 

specific ordering terms including amounts and prices, a UPS account number, and other sensitive 

information regarding the contacts between Contempo Card Company and ECM. ECM requests 

that this exhibit remain confidential until 8/1/2019.24

23. CCX-392. This potential exhibit contains ordering information, payment information, 

cell phone numbers, and other sensitive information regarding the contacts between Geneva 

Watch Group and ECM. ECM requests that this exhibit remain confidential until 8/1/2017.25

24. CCX-813; CCX-816; CCX-818; CCX-819; CCX-820. These potential exhibits are the 

deposition transcripts of ECM employees and executives Robert Sinclair, Kenneth Sullivan, 

Alan Poje, and Thomas Nealis. These transcripts contain confidential information related to 

sales, customers, and other sensitive and personal information. ECM requests that specific 

excerpts of these exhibits remain confidential until 8/1/2019.26 See Exhibit A. 

 

23 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Some or all of that information has already been redacted. 

24 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. 

25 Complaint Counsel consented to in camera treatment for a portion of this document. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. 

26 Complaint Counsel consented to in camera treatment for a portion of these documents. 

Specifically, Complaint Counsel consents to the redaction of the types of information identified 

in footnote 7, supra. Additionally, Complaint Counsel also consents to the redaction of ECM’s 

personal financial information, such as statements concerning its line of credit or incentive 

program. Complaint Counsel does not consent to the redaction of statements generalizing the 

types of customers ECM has, e.g., a statement describing its customers as big or small. Nor does 

Complaint Counsel consent to statements generalizing whether a customer has asked to be 
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RELIEF

For the foregoing reasons and the reasons stated in Exhibit A, ECM respectfully requests 

this Court grant in Camera treatment to those exhibits list above. 

Respectfully submitted,

 

Jonathan W. Emord (jemord@emord.com)

EMORD & ASSOCIATES, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Telephone: 202-466-6937

Facsimile: 202-466-6938

DATED: July 30, 2014

 

indemnified. Complaint Counsel will consent, however, to the redaction of specific terms in a 

distributor agreement. 
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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF THE ADMINISTRATIVE LAW JUDGES

Washington, D.C.

In the Matter of

ECM BioFilms, Inc.,

a corporation, also d/b/a

Enviroplastics International,

Respondent.

 

Docket No. 9358

PUBLIC

[PROPOSED] ORDER GRANTING RESPONDENT ECM BIOFILMS, INC.’S MOTION 

FOR IN CAMERA TREATMENT OF PROPOSED TRIAL EXHIBITS

This matter having come before the Administrative Law Judge on July ___, 2014, upon a 

Motion for In Camera Treatment(“Motion”) filed by Respondent ECM BioFilms, Inc. (“ECM”) 

pursuant to Commission Rule 3.45(b), for an Order to grant in camera treatment to specific 

proposed trial exhibits. 

Having considered ECM’s Motion and all supporting and opposing submissions, and for 

good cause appearing, it is hereby ORDERED that ECM’s Motion is GRANTED; it is 

ORDERED that all of the documents, or portions therefo, identified by ECM for in camera

treatment shall be treated as such. 

ORDERED: ______________________

D. Michael Chappell

Chief Administrative Law Judge

Date: 
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CERTIFICATE OF SERVICE

I hereby certify that on July 30, 2014 I caused a true and correct copy of the foregoing to 

be served as follows: 

One hard copy to the Office of the Secretary through overnight mail to the address below:

Donald S. Clark, Secretary

Federal Trade Commission

600 Pennsylvania Ave., NW, Room H-113

Washington, DC 20580

Email: secretary@ftc.gov 

One hardcopy and electronic copy (on CD) to the Office of the Administrative Law Judge:

The Honorable D. Michael Chappell

Administrative Law Judge

600 Pennsylvania Ave., NW, Room H-110

Washington, DC 20580

One electronic copy to Counsel for Complainant:

Katherine Johnson

Division of Enforcement

Bureau of Consumer Protection

Federal Trade Commission

600 Pennsylvania Avenue, NW

Mail stop M-8102B

Washington, D.C. 20580

Email: kjohnson3@ftc.gov

Arturo Decastro

Division of Enforcement

Bureau of Consumer Protection

Federal Trade Commission

600 Pennsylvania Avenue, NW

Mail stop M-8102B

Washington, D.C. 20580

Email: adescatro@ftc.gov

Jonathan Cohen

Division of Enforcement

Bureau of Consumer Protection

Federal Trade Commission

600 Pennsylvania Avenue, NW

Mail stop M-8102B

Washington, D.C. 20580

Email: jcohen2@ftc.gov

I certify that I retain a paper copy of the signed original of the foregoing document that is 

available for review by the parties and adjudicator consistent with the Commission’s Rules.

Respectfully submitted,
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Jonathan W. Emord (jemord@emord.com)

EMORD & ASSOCIATES, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Telephone: 202-466-6937

Facsimile: 202-466-6938

DATED: Wednesday, July 30, 2014
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STATEMENT CONCERNING MEET AND CONFER

Pursuant to 21 C.F.R. § 3.22(g), the undersigned counsel certifies on July 30, 2014, 

Respondent’s counsel conferred via telephone with Complaint Counsel in a good faith effort to 

resolve by agreement the issues raised in the foregoing Motion. The parties have been unable to 

reach an agreement on all of the issues raised in the attached motion.

Respectfully submitted,

 

Jonathan W. Emord (jemord@emord.com)

EMORD & ASSOCIATES, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Telephone: 202-466-6937

Facsimile: 202-466-6938

DATED: Wednesday, July 30, 2014
PUBLIC 

Respondent's Exhibit A 
In the Matter of 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF THE ADMINISTRATIVE LAW JUDGES 

Washington, D.C. 

Docket No. 9358 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International, PRIVATE 

Respondent. 

AFFIDAVIT OF ROBERT SINCLAIR 

PUBLIC 

I, Robert Sinclair, declare under penalty of perjury that the following is true and correct to the 

best of my knowledge, information, and belief: 

1. I am over the age of eighteen years and I make this affidavit on personal knowledge of its 

contents and in further support of Respondent's Motion for In Camera Treatment of 

Certain Proposed Trial Exhibits. 

2. I am the President and CEO of ECM BioFilms, Inc. 

3. Throughout this litigation, ECM has produced over 116,000 documents to Complaint 

Counsel. Initially, ECM marked all of these products as "confidential." 

4. Given FTC's standard for granting in camera treatment, ECM now requests in camera 

treatment for only 28 of those documents produced by ECM and identified by either 

ECM or Complaint Counsel as potential trial exhibits. The 28 documents ECM requests 

in camera treatment for amounts to less than 0.02% of all documents produced by ECM. 

5. All 28 of these documents contain information that will likely result in a serious and 

clearly defined injury to ECM or that is sensitive personal information. 
PUBLIC 

6. ECM is a small company with six employees that competes in a competitive plastics 

market. It sells additives that render plastic materials biodegradable. 

7. Though plastics in one form or another have been used for thousands of years, the vast 

majority of the kinds, uses and production of plastic materials have only been in the last 

seventy years and the quantities increase every year. Of all that plastic being produced, 

the vast majority of it will remain intact and substantially unchanged from the day they 

left the factory for hundreds or thousands of years or more. Due to this fact, in the last 

twenty years or so a number of different technologies have emerged to change this endof-life scenario including, but not limited to, photodegradable, oxodegradable and 

biodegradable additives to the otherwise not degradable plastics and alternative plastic 

resins with other end-of-life properties to replace the nondegradable plastic resin 

currently primarily in use. ECM faces intense market competition from companies 

selling competing technologies each trying to elevate their methods of dealing with the 

issues and disparaging other solutions. ECM also faces intense competition within the 

biodegradable additives sector. 

8. ECM customers have shown that they are willing to purchase products from ECM 

competitors who FTC has not targeted. It is very easy for these customers who use 

products like the ECM additive to switch to a competitor's product. 

9. Therefore, for the specific reasons given below, the following documents would likely 

result in a serious and clearly defined injury to ECM: 
PUBLIC 

a. RX-132. This potential exhibit contains e-mail correspondence between ECM 

and various companies, including Multiplast Systems Inc. The e-mail 

correspondence between Multiplast Systems Inc. contains specific pricing 

information for the ECM additive. Such information is generally not known 

outside of ECM' s business or by persons other than its employees, except to the 

extent that ECM has disclosed its pricing information to its prospective, former, 

and/or current customers (collectively referred to as "customers") for business 

purposes as necessary. ECM has tried to protect its pricing information by 

limiting its disclosure to it to its employees and customers. Although this pricing 

information is more than three years old, it remains competitively sensitive 

because ECM's competitors can use it to predict ECM' s current prices and 

undercut them. ECM requests that this information be redacted from this exhibit 

and that it remain confidential until 8/1/2017. 

b. RX-330 and RX-331. These potential exhibits are ECM's pricing sheets from 

2010. Although these pricing sheets are more than three years old, the pricing 

information they contain remains competitively sensitive for the reasons 

discussed above is subparagraph (a), which is hereby incorporated. ECM requests 

that these exhibits remain confidential until 8/1/2017. 

c. CCX-234. This potential exhibit is a list ofECM's international customers and 

ECM's sales to these customers by Year 2009-2013. ECM has not previously 

released these figures to the public. Although some of this information is more 

than three years old, it remains competitively sensitive because it shows the 

international sales growth and/or decline ECM has experienced between 2009 and 
PUBLIC 

2013. Additionally, because this exhibit shows the amount ECM's individual 

international customers have spent on its additive, ECM's competitors could use 

such information to target ECM's bigger customers and steal them away from 

ECM. ECM requests that this exhibit remain confidential until 8/1/2019. 

d. CCX-322. This potential exhibit contains email correspondence between ECM 

and Airbag Packing®. Some of the email correspondence contains specific 

pricing information for ECM's additive. As explained above in subparagraph (a), 

which is hereby incorporated, ECM has taken measures to guard the secrecy of its 

pricing information because the disclosure of such information will give its 

competitors an unfair advantage. ECM requests that this pricing information be 

redacted from this exhibit and that it remain confidential until 8/1/2017. 

e. CCX-39S. This potential exhibit contains specific information on the amount of 

money spent by IMEX Vinyl Packaging in deciding whether to use the ECM 

additive. ECM's competitors could use such information to get an unfair 

advantage. ECM requests that this exhibit remain confidential until 8/1/2017. 

f. RX-130. This potential exhibit contains, inter alia, a 2008 contract negotiation 

between ECM and a potential distributor for ECM's product, AguIla lnt'l Co. 

Specifically, the distributor includes excerpts from ECM's distributor agreement 

and proposes revisions. Although this negotiation is more than three years old, it 

remains competitively sensitive because it demonstrates the types of provisions 

ECM's distributorship agreements contain. ECM requests that this information 

be redacted from this exhibit and remain confidential until 8/1/2019. 
PUBLIC 

g. CCX-30S. This potential exhibit contains a 2011 e-mail from ECM to 

FabriTRAK systems, Inc. wherein ECM explicitly mentions the size of its 

customer's order. An ECM competitor could use this information, which ECM 

has not previously publicly disclosed, to assess the purchasing power of 

FabriTRAK and use such information as a basis to try to steal FabriTRAK's 

business from ECM. ECM requests that this information be redacted from this 

exhibit and remain confidential until 8/1/2017. 

h. CCX-676. This potential exhibit contains a discussion between ECM and one of 

its distributors on how to obtain specific types of customers. ECM currently 

employs the business strategy that was discussed in 2009. Thus, although this 

information is more than three years old, ECM's competitors can use it to 

compete with ECM. ECM requests that this information be redacted from this 

exhibit and remain confidential until 8/1/2017. 

10. In addition to any information that would likely result in a serious and clearly defined 

injury to ECM, the following documents contain sensitive personal information: 

a. CCX-408. This potential exhibit contains ordering information, payment 

information, and other sensitive information regarding the contacts between 

American Plastic Mfg. Inc. and ECM. Although some of this information is more 

than three years old, as explained above, it remains competitively sensitive 

because ECM's competitors can use this information to predict its current prices 

and as a basis to pursue this company as a customer. ECM requests that this 

exhibit remain confidential until 8/1/2017. 
PUBLIC 

b. CCX-410. This potential exhibit contains ordering information, payment 

information, and other sensitive information regarding the contacts between BioTec Environmental, LLC and ECM. Although some of this information is more 

than three years old, as explained above, it remains competitively sensitive 

because ECM's competitors can use this information to predict its current prices 

and as a basis to pursue this company as a customer. ECM requests that this 

exhibit remain confidential until 8/1/2017. 

c. CCX-413. This potential exhibit contains ordering information, payment 

information, ordering terms, and other sensitive information regarding the 

contacts between EcoSmart Plastics and ECM. Although some of this 

information is more than three years old, as explained above, it remains 

competitively sensitive because ECM's competitors can use this information to 

predict its current prices and as a basis to pursue this company as a customer. 

ECM requests that this exhibit remain confidential until 8/1/2017. 

d. CCX-414. This potential exhibit contains ordering information, payment 

information, personal cell phone numbers, specific ordering terms, and other 

sensitive information regarding the contacts between Flexible Plastics, Inc. and 

ECM. Although some of this information is more than three years old, as 

explained above, it remains competitively sensitive because ECM's competitors 

can use this information to predict its current prices and as a basis to pursue this 

company as a customer. ECM requests that this exhibit remain confidential until 

8/1/2017. 
PUBLIC 

e. CCX-416. This potential exhibit contains ordering information, payment 

information, personal cell phone numbers, specific ordering terms, and other 

sensitive information regarding the contacts between Hi-De Liners, LLC. and 

ECM. Although some of this information is more than three years old, as 

explained above, it remains competitively sensitive because ECM's competitors 

can use this information to predict its current prices and as a basis to pursue this 

company as a customer. ECM requests that this exhibit remain confidential until 

8/112017. 

f. CCX-417. This potential exhibit contains ordering information, payment 

information, specific ordering terms, and other sensitive information regarding the 

contacts between Myers Industries Lawn and Garden and ECM. Although some 

of this information is more than three years old, as explained above, it remains 

competitively sensitive because ECM's competitors can use this information to 

predict its current prices and as a basis to pursue this company as a customer. 

ECM requests that this exhibit remain confidential until 8/112017. 

g. CCX-418. This potential exhibit contains ordering information, payment 

information, specific ordering terms, and other sensitive information regarding the 

contacts between PolyFusion LLC and ECM. Although some of this information 

is more than three years old, as explained above, it remains competitively 

sensitive because ECM's competitors can use this information to predict its 

current prices and as a basis to pursue this company as a customer. ECM requests 

that this exhibit remain confidential until 8/112017. 
PUBLIC 

h. CCX-419. This potential exhibit contains ordering information, payment 

information, specific ordering terms, shipping costs, cell phone numbers, UPS 

account numbers, and other sensitive information regarding the contacts between 

Sealed Air Corporation and ECM. Although some of this information is more 

than three years old, as explained above, it remains competitively sensitive 

because ECM's competitors can use this information to predict its current prices 

and as a basis to pursue this company as a customer. ECM requests that this 

exhibit remain confidential until 8/1/2019. 

1. CCX-420. This potential exhibit contains ordering information, payment 

information, specific ordering terms including amounts and costs, and other 

sensitive information regarding the contacts between Automated Packaging 

Systems Group and ECM. Although some of this information is more than three 

years old, as explained above, it remains competitively sensitive because ECM's 

competitors can use this information to predict its current prices and as a basis to 

pursue this company as a customer. ECM requests that this exhibit remain 

confidential until 8/1/2017. 

j. CCX-421. This potential exhibit contains ordering information, payment 

information, specific ordering terms including amounts, and other sensitive 

information regarding the contacts between Bemis PPD and ECM. Although 

some of this information is more than three years old, as explained above, it 

remains competitively sensitive because ECM's competitors can use this 

information to predict its current prices and as a basis to pursue this company as a 

customer. ECM requests that this exhibit remain confidential until 8/1/2017. 
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k. CCX-422. This potential exhibit contains ordering information, payment 

information, specific ordering terms including amounts and prices, and other 

sensitive information regarding the contacts between Shields Bag and Printing 

Company and ECM. Although some of this information is more than three years 

old, as explained above, it remains competitively sensitive because ECM's 

competitors can use this information to predict its current prices and as a basis to 

pursue this company as a customer. ECM requests that this exhibit remain 

confidential until 8/1/2017. 

1. CCX-423. This potential exhibit contains ordering information, payment 

information, specific ordering terms including amounts and prices, and other 

sensitive information regarding the contacts between Westchem, Inc. and ECM. 

Although some of this information is more than three years old, as explained 

above, it remains competitively sensitive because ECM's competitors can use this 

information to predict its current prices and as a basis to pursue this company as a 

customer. ECM requests that this exhibit remain confidential until 8/1/2017. 

m. CCX-429. This potential exhibit contains ordering information, payment 

information, specific ordering terms including amounts and prices, a UPS account 

number, and other sensitive information regarding the contacts between 

Contempo Card Company and ECM. Although some of this information is more 

than three years old, as explained above, it remains competitively sensitive 

because ECM's competitors can use this information to predict its current prices 

and as a basis to pursue this company as a customer. ECM requests that this 

exhibit remain confidential until 8/1/2019. 
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n. CCX-392. This potential exhibit contains ordering information, payment 

information, cell phone numbers, and other sensitive information regarding the 

contacts between Geneva Watch Group and ECM. Although some of this 

information is more than three years old, as explained above, it remains 

competitively sensitive because ECM's competitors can use this information to 

predict its current prices and as a basis to pursue this company as a customer. 

ECM requests that this exhibit remain confidential until 8/1/2017. 

o. CCX-813; CCX-816; CCX-818; CCX-819; CCX-820. These potential exhibits 

are the deposition transcripts ofECM employees and executives Robert Sinclair, 

Kenneth Sullivan, Alan Poje, and Thomas Nealis. These transcripts contain 

confidential information related to sales, customers, and other sensitive and 

personal information. Disclosure of such information will harm ECM because it 

will give ECM's competitors an unfair business advantage. For example, ECM's 

competitors could use the sales and customer information to take business away 

from ECM. ECM requests that the following specific excerpts of these exhibits 

remain confidential until 8/1/2019: 

1. CX-813 at: 11 :1-14:4 (discussing: the type, size and number ofECM 

customers; whether ECM has better sales success with smaller or bigger 

companies; and what ECM needs to know about customers to make a 

sale); 18:23-19:18 (discussing the steps ECM goes through to get a 

customer); 49:2-12 (discussing ECM's marketing strategies); 54:2-55:19 

(discussing what ECM needs to know about its customers to make a sale). 

11. CX-816 at 14:12-15:7 (describing ECM's customers). 
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iii. CX-818 at: 47:19-49:10 (discussing how ECM gets its customers); 61:8-

62:21 (explaining why ECM chose to sell to plastic manufacturers); 

161 :23-167: 1 0 (discussing the composition of ECM' s additive); 196:5-

201 :19 (discussing the number ofECM's customers). 

iv. CX-819 at: 327:19-343:14 (explaining in detail what each ECM employee 

does at the company). 

v. CX-820 at: 29:24-41:19 (discussing ECM's sales fluctuations, type of 

customers it has, typical order sizes, credit and payment terms, the terms 

of its distributorship agreements); 76:3-82:21 (discussing the number of 

ECM customers and its line of credit, expenses and payment of 

incentives). 

11. For the foregoing reasons, ECM believes that each document specifically identified 

above deserves in camera treatment. 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true 

and correct. Executed this 30th day of July, 2014. 

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Respondent’s Exhibit B 

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PPC0075 

CONFIDENTIAL-FTC DOCKET No. 9358. 

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PPC0076 

CONFIDENTIAL-FTC DOCKET No. 9358. 

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