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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Joseph J. Simons, Chairman 

 Noah Joshua Phillips 

 Rohit Chopra

 Rebecca Kelly Slaughter

 Christine S. Wilson 

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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) DECISION AND ORDER

) DOCKET NO. C- 

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DECISION

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 
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partner. The Commission’s Bureau of Competition prepared and furnished to CCP, DAK, 

Lohias, Indorama, and FENC (collectively “Respondents”) the Draft Complaint, which it 

proposed to present to the Commission for its consideration. If issued by the Commission, the 

Draft Complaint would charge Respondents with violations of Section 7 of the Clayton Act, as 

amended, 15 U.S.C. § 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 

U.S.C. § 45.

Respondents and the Bureau of Competition executed an agreement (“Agreement 

Containing Consent Order” or “Consent Agreement”) containing (1) an admission by 

Respondents of all the jurisdictional facts set forth in the Draft Complaint, (2) a statement that 

the signing of said agreement is for settlement purposes only and does not constitute an 

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

that the facts as alleged in the Draft Complaint, other than jurisdictional facts, are true, (3) 

waivers and other provisions as required by the Commission’s Rules, and (4) a proposed 

Decision and Order.

The Commission considered the matter and determined that it had reason to believe that 

Respondents have violated the said Acts, and that a complaint should issue stating its charges in 

that respect. The Commission accepted the Consent Agreement and placed it on the public 

record for a period of 30 days for the receipt and consideration of public comments. The 

Commission duly considered any comments received from interested persons pursuant to 

Commission Rule 2.34, 16 C.F.R. § 2.34. Now, in further conformity with the procedure 

described in Rule 2.34, the Commission issues its Complaint, makes the following jurisdictional 

findings, and issues the following Decision and Order (“Order”):

1. 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. Alfa S.A.B. de 

C.V.’s United States address for service of process in this matter is DAK 

Americas LLC, 7621 Little Ave., Charlotte, NC 28226 (attention: Veronica 

Ramirez, Esq.).

2. 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. FENC’s United States 

address for service of process in this matter is APG Polytech USA Holdings, Inc., 

27610 Huntington Road, Apple Grove, West Virginia 25502.

3. Respondents 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 
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their executive offices and principal place of business located at 37th Floor, Ocean 

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

4. 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. Indorama’s United States address 

for service of process in this matter is Indorama Ventures Corpus Christi Holdings 

LLC, 251 Little Falls Drive, Wilmington, DE 19808.

5. 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. The Federal Trade Commission has jurisdiction over the subject matter of this 

proceeding and over the Respondents, and the proceeding is in the public interest.

ORDER

THE PURPOSE OF THIS ORDER is to ensure that CCP is operated as a toll 

manufacturing PET and PTA production plant, independently of each Respondent Member, and 

to remedy the lessening of competition alleged in the Commission’s Complaint.

 Definitions

IT IS HEREBY ORDERED that, as used in this Order, the following definitions apply:

A. “DAK” means Alfa S.A.B. de C.V, its directors, officers, employees, agents, 

representatives, successors, and assigns; and the joint ventures, subsidiaries, partnerships, 

divisions, groups, and affiliates controlled by DAK, including but not limited to DAK 

Americas LLC, and the respective directors, officers, employees, agents, representatives, 

successors, and assigns of each.

B. “FENC” means Far Eastern New Century Corporation, its directors, officers, employees, 

agents, representatives, successors, and assigns; and the joint ventures, subsidiaries, 

partnerships, divisions, groups, and affiliates controlled by FENC, including but not 

limited to APG Polytech USA Holdings, Inc., and the respective directors, officers, 

employees, agents, representatives, successors, and assigns of each.

C. “Indorama” means Indorama Ventures Plc and Aloke and Suchitra Lohia, their directors, 

officers, employees, agents, representatives, successors, and assigns; and the joint 

ventures, subsidiaries, partnerships, divisions, groups, and affiliates controlled by 

Indorama, including but not limited to Indorama Ventures Corpus Christi Holdings LLC, 
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and the respective directors, officers, employees, agents, representatives, successors, and 

assigns of each.

D. “CCP” means Corpus Christi Polymers LLC, its directors, officers, employees, agents, 

representatives, successors, and assigns; and the joint ventures, subsidiaries, partnerships, 

divisions, groups, and affiliates controlled by CCP, and the respective directors, officers, 

employees, agents, representatives, successors, and assigns of each.

E. “Base PET Production” means the actual production quantity of PET produced at the 

Corpus Christi Plant, as defined in the CCP Joint Venture Agreement, provided, however, 

Base PET Production does not include any production quantity from any expansion of 

PET capacity pursuant to the CCP Joint Venture Agreement.

F. “Base PTA Production” means the actual production quantity of PTA produced at the 

Corpus Christi Plant, as defined in the CCP Joint Venture Agreement, provided, however, 

Base PTA Production does not include any production quantity from any expansion of 

PTA capacity pursuant to the CCP Joint Venture Agreement.

G. “CCP Joint Venture Agreement” means the Second Amended and Restated Limited 

Liability Agreement of Corpus Christi Polymers LLC, dated November 29, 2018, and all 

ancillary agreements, exhibits and schedules thereto, including but not limited to the 

Form of Tolling Contract between Corpus Christi Polymers LLC and DAK Americas, 

LLC, APG Polytech USA Holdings, and Indorama Ventures Corpus Christi Holdings 

LLC, which are attached as Confidential Appendix A.

H. “CCP Joint Venture Business” means the business conducted by CCP related to the toll 

manufacture and sale of PET and PTA at the Corpus Christi Plant.

I. “CCP Joint Venture Agreement Date” means the date Respondent Members sign the CCP 

Joint Venture Agreement.

J. “Corpus Christi Assets” means the Corpus Christi Plant, and certain additional assets as 

defined in the Asset Purchase Agreement between M&G Resins USA LLC and CCP, 

dated March 28, 2018 and attached as Exhibit 1 to the court’s Order Approving the Sale 

of Certain Assets, ECF No. 1300, in In re M&G USA Corp., Case No. 17-12307 (Bankr. 

D. Del. Mar. 29, 2018).

K. “Corpus Christi Plant” means the PET and PTA facility, located at Joe Fulton 

International Trade Corridor, Corpus Christi, TX 78409.

L. “Confidential Information” means all information relating to the operation of the CCP 

Joint Venture Business that is not in the public domain, including but not limited to 

customer lists, customer locations, price lists, plans, contracts, utilization rate, production 

volumes, production grades, capacity expansions, cost information, marketing methods, 

and competitively sensitive data or information.

M. “Construction Phase” means the construction of the Corpus Christi Plant, including the 

construction of assets related to both PET and PTA, as defined and referred to in the CCP 

Joint Venture Agreement.

N. “Commission” means the Federal Trade Commission. 
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O. “FENC Appointed Manager” means the fifth manager appointed by FENC in accordance 

with the CCP Joint Venture Agreement. 

P. “Independent Manager” means any person nominated by a Respondent Member and 

selected by FENC (or nominated by one or more of the Independent Managers in the case 

of the Fourth Independent Manager) to manage, oversee, or operate CCP in accordance 

with the CCP Joint Venture Agreement including, but not limited to, the First 

Independent Manager, the Second Independent Manager, the Third Independent 

Manager, and the Fourth Independent Manager, as those terms are referred to and defined 

in the CCP Joint Venture Agreement.

Q. “Initial Independent Manager” means any person selected by Member Managers to work 

with Member Managers to manage, oversee, or operate CCP during the Construction

Phase, as defined and delineated in the CCP Joint Venture Agreement. 

R. “PET” means polyethylene terephthalate.

S. “PTA” means purified terephthalic acid.

T. “PET or PTA Production Asset” means any manufacturing facility that produces, or 

within the last 10 years has produced, virgin PET or PTA.

U. “Respondent Member(s)” means DAK, FENC, and Indorama, individually and 

collectively.

V. “Respondents” means CCP and Respondent Members.

W. “Member Managers” means any person appointed by any Respondent Member to 

manage, oversee, or operate CCP during the Construction Phase.

X. “Restricted Employee” means any employee of CCP, any former employee of CCP, and 

any CCP Secondee. 

Y. “Secondee” means any individual that is seconded by a Respondent Member to CCP or 

that is otherwise made available to CCP (through an employee lease, consulting, or other 

similar arrangement) by a Respondent Member. 

Z. “Separation Date” means (1) the date of termination of any employee or former employee 

of CCP, and (2) with respect to any Secondee, the date that such person has both ended 

its relationship with CCP and has ceased providing any services to CCP.

 Acquisition and Operation

IT IS FURTHER ORDERED that:

A. On and after the CCP Joint Venture Agreement Date, and subject to Paragraph II.C., each 

Respondent Member shall not acquire, own, or hold more than one-third equity interest in 

the Corpus Christi Assets owned by CCP.

B. Each Respondent Member shall not acquire, own, or hold tolling rights to more than onethird of the Base PET Production or the Base PTA Production.
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Provided, however, if notified by CCP pursuant to the CCP Joint Venture Agreement that 

a Respondent Member does not claim the entirety of its one-third tolling rights, the other 

two Respondent Members have a right to the unused capacity, and, if no Respondent 

Member claims the unused capacity, CCP shall market the available capacity to third 

parties, in accordance with and as delineated in the CCP Joint Venture Agreement. 

C. Each Respondent Member shall not, without the prior approval of the Commission, 

increase or decrease, directly or indirectly, its one-third equity interest in CCP, as long as 

CCP is the owner and operator of the Corpus Christi Plant.

Confidential Information and Selection of Member Managers

IT IS FURTHER ORDERED that:

A. A Respondent Member shall not receive, or attempt to receive, directly or indirectly,

Confidential Information from any person, including but not limited to any Independent 

Manager, Initial Independent Manager, Member Manager, or other Respondent Member,

and shall not use or share any Confidential Information. Any employee of a Respondent 

Member who receives Confidential Information shall sign a non-disclosure or equivalent 

agreement providing written acknowledgement of his/her/their responsibilities regarding 

the restrictions on the use and dissemination of Confidential Information, and a statement 

attesting that he or she has received a copy of this Order, will comply with its terms, and 

will take all reasonable steps to assure that employees that report to him or her will 

comply with its terms;

Provided, however, Respondent Members may receive summary aged and aggregated 

information and other information necessary for certain reporting obligations and for 

certain material decisions affecting CCP, or for the Respondent Members and CCP to 

implement and perform the Form of Tolling Contract between such Respondent Member 

and CCP, as delineated and permitted in the CCP Joint Venture Agreement. The receipt 

of such information shall be overseen by the Monitor, and subject to firewalls designed in 

consultation with the Monitor protecting any Confidential Information from being shared 

by CCP or the Respondent Members with persons who manufacture and sell PTA and 

PET for the Respondent Members.

B. A Respondent Member shall not influence, or attempt to influence, directly or indirectly, 

any Initial Independent Manager, Independent Manager, or FENC Appointed Manager 

regarding the operation of CCP, including, but not limited to, decisions concerning 

production grades, production quantities, tolling fees, capacity expansions, the marketing 

of unused capacity to third parties, the licensing or sale of any intellectual property, or 

employee or manager hiring or retention. 

Provided, however, Respondent Members may provide notice or input to Managers as 

expressly permitted in the CCP Joint Venture Agreement and may make the decisions 

requiring the approval of Respondent Members as permitted and delineated in the CCP 

Joint Venture Agreement.
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Provided, further, however, nothing in this provision prohibits Respondent FENC from 

influencing or communicating with any FENC Appointed Manager. 

C. A Respondent Member shall not hire, or enter into negotiations or discussions regarding 

hiring, an Independent Manager for a period of 12 months after expiration or termination 

of his or her term as an Independent Manager.

D. Respondent Members shall retain, and identify and describe in a log, all communications 

with any other Respondent Member relating to the operation and management of CCP 

(not including communications discussing the construction of the Corpus Christi Plant),

or the production and sale of PET and PTA from CCP.

 CCP Joint Venture Agreement

IT IS FURTHER ORDERED that:

A. The CCP Joint Venture Agreement shall be incorporated by reference into this Order and 

made a part hereof, and any failure by Respondents to comply with the terms of the CCP 

Joint Venture Agreement shall constitute a violation of this Order; provided, however, 

that the CCP Joint Venture Agreement shall not limit, or be construed to limit, the terms 

of this Order. To the extent any provision in the CCP Joint Venture Agreement varies 

from or conflicts with any provision in the Order such that Respondents cannot fully 

comply with both, Respondents shall comply with the Order.

B. Respondents shall not modify, replace, or extend the terms of the CCP Joint Venture 

Agreement, or reach any other agreement that would have such an effect, after the 

Commission issues the Order without the prior approval of the Commission, except as 

otherwise provided in Commission Rule 2.41(f)(5), 16 C.F.R. § 2.41(f)(5).

 Employees

IT IS FURTHER ORDERED that for a period of 20 years from the date this Order becomes 

final:

A. Each Respondent Member, so long as it retains ownership interest in CCP and for a 

period of 12 months from the date that such Respondent Member ceases to be a member 

of the CCP, shall not:

1. solicit, recruit, or induce any CCP employee to become affiliated with, directly or 

indirectly, any Respondent Member;

2. assist in the hiring of any such CCP employee by any other Respondent Member; 

or

3. encourage any CCP employee to terminate his or her employment with CCP.
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Provided, however, a Respondent Member may place general advertisements for 

employees including, but not limited to, in newspapers, trade publications, websites, or 

other media not targeted specifically at CCP’s employees; and may also utilize an 

independent employment agency or search firm whose efforts are not specifically 

directed at employees of CCP; Provided further, however, a Respondent Member may 

hire CCP employees who apply for employment with a Respondent Member, as long as 

such employees were not solicited by the Respondent Member in violation of this 

Paragraph.

B. If a Respondent Member hires or engages any Restricted Employee, the Respondent 

Member shall ensure that the Restricted Employee does not have any sales, marketing, 

pricing, or production decision-making authority for PET or PTA sales in North America, 

and is not otherwise involved in any such decisions, prior to the first anniversary of such 

Restricted Employee’s Separation Date from the CCP.

Monitor

IT IS FURTHER ORDERED that:

A. Jeffrey W. Brennan shall serve as the Monitor pursuant to the agreement executed by the 

Monitor and Respondents and attached as Appendix B (“Monitor Agreement”) and NonPublic Appendix C (“Monitor Compensation”). The Monitor is appointed to assure that 

Respondents expeditiously comply with all of their obligations and perform all of their 

responsibilities as required by this Order.

B. No later than one day after the CCP Joint Venture Agreement Date, Respondents shall 

transfer to the Monitor all rights, powers, and authorities necessary to permit the Monitor 

to perform his duties and responsibilities, pursuant to the Order and consistent with the 

purposes of the Order.

C. Respondents shall enter into an agreement with the Monitor, subject to the prior approval 

of the Commission, that (i) shall become effective no later than one (1) day after the date 

the Commission appoints the Monitor, and (ii) confers upon the Monitor all rights, 

powers, and authority necessary to permit the Monitor to perform his duties and 

responsibilities on the terms set forth in this Order and in consultation with the 

Commission:

1. The Monitor shall (i) monitor Respondents’ compliance with the obligations set 

forth in this Order and (ii) act in consultation with the Commission or its staff, 

and shall serve as an independent third party and not as an employee or agent of 

any Respondent or of the Commission.

2. Respondents shall (i) ensure that the Monitor has full and complete access to all 

Respondents’ personnel, books, records, documents, and facilities relating to 
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compliance with this Order or to any other relevant information as the Monitor 

may reasonably request, and (ii) cooperate with, and take no action to interfere 

with or impede the ability of, the Monitor to perform his duties pursuant to this 

Order;

3. The Monitor (i) shall serve at the expense of Respondents, without bond or other 

security, on such reasonable and customary terms and conditions as the 

Commission may set, and (ii) may employ, at the cost and expense of 

Respondents, such consultants, accountants, attorneys, and other representatives 

and assistants as are reasonably necessary to carry out the Monitor’s duties and 

responsibilities;

4. Respondents shall indemnify the Monitor and hold him harmless against any 

losses, claims, damages, liabilities, or expenses arising out of, or in connection 

with, the performance of his duties, including all reasonable fees of counsel and 

other expenses incurred in connection with the preparation for, or defense of, any 

claim, whether or not resulting in any liability, except to the extent that such 

losses, claims, damages, liabilities, or expenses result from the Monitor’s gross 

negligence or willful misconduct; and

5. Respondents may require the Monitor and each of the Monitor’s consultants, 

accountants, attorneys, and other representatives and assistants to sign a 

customary confidentiality agreement; provided, however, that such agreement 

shall not restrict the Monitor from providing any information to the Commission.

D. The Monitor shall report in writing to the Commission (i) every 60 days until the 

expiration of the Construction Phase, (ii) every 90 days after the expiration of the 

Construction Phase for a period of 3 years, (iii) annually thereafter until the expiration of 

this Order, and (iv) at any other time as requested by the staff of the Commission, 

concerning Respondents’ compliance with this Order.

E. The Commission may require the Monitor and each of the Monitor’s consultants, 

accountants, attorneys, and other representatives and assistants to sign a confidentiality 

agreement related to Commission materials and information received in connection with 

the performance of the Monitor’s duties.

F. The Monitor’s power and duties shall terminate 10 business days after the Monitor has 

completed his final report pursuant to Paragraph VI.D. of this Order, or at such other time 

as directed by the Commission.

G. If at any time the Commission determines that the Monitor has ceased to act or failed to 

act diligently, or is unwilling or unable to continue to serve, the Commission may appoint 

a substitute Monitor, subject to the consent of Respondents, which consent shall not be 

unreasonably withheld:
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1. If Respondents have not opposed, in writing, including the reasons for opposing, 

the selection of the substitute Monitor within 5 days after notice by the staff of the 

Commission to Respondents of the identity of any substitute Monitor, then 

Respondents shall be deemed to have consented to the selection of the proposed 

substitute Monitor; and

2. Respondents shall, no later than 5 days after the Commission appoints a substitute 

Monitor, enter into an agreement with the substitute Monitor that, subject to the 

approval of the Commission, confers on the substitute Monitor all the rights, 

powers, and authority necessary to permit the substitute Monitor to perform his or 

her duties and responsibilities pursuant to this Order on the same terms and 

conditions as provided in this Paragraph VI.

H. The Commission may, on its own initiative or at the request of the Monitor, issue such 

additional orders or directions as may be necessary or appropriate to assure compliance 

with the requirements of this Order.

 Prior Notice

IT IS FURTHER ORDERED that for a period of 20 years from the date this Order becomes 

final:

A. Respondents shall not, without providing advance written notification to the Commission 

in the manner described in this paragraph, acquire, directly or indirectly, through 

subsidiaries or otherwise, any leasehold, ownership interest, or any other interest, in 

whole or in part, in any PET or PTA Production Asset located in North America.

With respect to the Notification:

1. The prior notification required by this Paragraph shall be given on the 

Notification and Report Form set forth in the Appendix to Part 803 of Title 16 of 

the Code of Federal Regulations as amended (hereinafter referred to as “the 

Notification”), and shall be prepared and transmitted in accordance with the 

requirements of that part, except that no filing fee will be required for any such 

Notification, Notification shall be filed with the Secretary of the Commission, and 

the Notification need not be made to the United States Department of Justice, and 

Notification is required only of the Respondents and not of any other party to the 

transaction.

2. Respondent shall include a detailed description of the proposed acquisition, 

including but not limited to:

a. a description of the asset(s) being acquired;
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b. identifying from whom the assets are purchased;

c. a description of the type of ownership interest being acquired; and

d. identifying whether the asset is a PET or PTA production asset.

3. Respondent shall provide the Notification to the Commission at least 30 days 

prior to consummating the transaction (hereinafter referred to as the “first waiting 

period”). If, within the first waiting period, representatives of the Commission 

make a written request for additional information or documentary material to the 

parties to the transaction (within the meaning of 16 C.F.R. § 803.20), Respondent 

shall not consummate the transaction until 30 days after all parties to the 

transaction submit such additional information or documentary material. 

4. Early termination of the waiting periods in this Paragraph may be requested and, 

where appropriate, granted by letter from the Bureau of Competition. Provided, 

however, that prior notification shall not be required by this Paragraph for a 

transaction for which notification is required to be made, and has been made, 

pursuant to Section 7A of the Clayton Act, 15 U.S.C. § 18a.

Compliance Reports

IT IS FURTHER ORDERED that:

A. Respondents shall submit the complete CCP Joint Venture Agreement to the Commission 

at ElectronicFilings@ftc.gov and bccompliance@ftc.gov no later than 30 days after the 

date the Commission issues this Order, and any other agreements 30 days from being

finalized and signed by Respondents.

B. Each Respondent Member and CCP shall submit verified written reports (“compliance 

reports”) in accordance with the following:

1. An interim compliance report 30 days after the Order is issued, every 60 days 

thereafter until the expiration of the Construction Phase, and every 90 days after 

the expiration of the Construction Phase for a period of 3 years;

2. Annual compliance reports one year after the date this Order is issued, and 

annually for the next 19 years on the anniversary of that date; and 

3. Additional compliance reports as the Commission or its staff may request.

Provided, however, for purposes of this Paragraph VIII, Respondent Indorama and 

Respondent Lohias may submit combined compliance reports. 

C. Each compliance report shall set forth in detail the manner and form in which each 

Respondent intends to comply, is complying, and has complied with this Order. Each 

compliance report shall contain sufficient information and documentation to enable the 

Commission to determine independently whether each Respondent is in compliance with 
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the Order. Conclusory statements that Respondents have complied with their obligations 

under the Order are insufficient. Each Respondent shall include in its reports, among 

other information or documentation that may be necessary to demonstrate compliance, a 

full description of the measures each Respondent has implemented or plans to implement 

to ensure that they have complied or will comply with each paragraph of the Order, 

including the following information:

1. Each month in which Respondent Members took other than one-third of the 

Corpus Christi Plant’s Base PET Production or Base PTA Production output,

including how much PET and PTA each Respondent Member used, and any steps 

CCP took to offer unused capacity to third parties;

2. Each instance in which a Respondent Member requested that the Corpus Christi 

Plant change a particular grade of PET, the resolution of that request, and CCP’s 

efforts to accommodate those requests; 

3. Each instance in which a Respondent Member requested to expand PET, PTA, or 

feedstock capacity at the Corpus Christi Plant, the resolution of that request, and 

CCP’s efforts to accommodate those requests; 

4. Each instance in which any person requested to license or acquire intellectual 

property owned by CCP, and CCP’s response;

5. A detailed description of any Confidential Information received by any 

Respondent Member; and

6. The log required by Paragraph III.D.

D. Each compliance report 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. Each Respondent shall submit an original and 2 copies of each 

compliance report as required by Commission Rule 2.41(a), 16 C.F.R. § 2.41(a), 

including a paper original submitted to the Secretary of the Commission and electronic 

copies to the Secretary at ElectronicFilings@ftc.gov and to the Compliance Division at 

bccompliance@ftc.gov. In addition, each Respondent shall provide a copy of each 

compliance report to the Monitor if the Commission has appointed one in this matter.

Change in Respondent

IT IS FURTHER ORDERED that each Respondent shall notify the Commission at least 30 

days prior to:

A. Its proposed dissolution;

B. Its proposed acquisition, merger or consolidation; or

C. Any other change in the Respondent, including assignment and the creation, sale, or 

dissolution of subsidiaries, if such change may affect compliance obligations arising out 

of this Order.
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Access

IT IS FURTHER ORDERED that, for purposes of determining or securing compliance with 

this Order, and subject to any legally recognized privilege, upon written request and 5 days’ 

notice to the relevant Respondent, made to its principal place of business as identified in this 

Order, registered office of its United States subsidiary, or its headquarters office, the notified 

Respondent shall, without restraint or interference, permit any duly authorized representative of 

the Commission:

A. Access, during business office hours of the Respondent and in the presence of counsel, to 

all facilities and access to inspect and copy all business and other records and all 

documentary material and electronically stored information as defined in Commission 

Rules 2.7(a)(1) and (2), 16 C.F.R. § 2.7(a)(1) and (2), in the possession or under the 

control of the Respondent related to compliance with this Order, which copying services 

shall be provided by the Respondent at the request of the authorized representative of the 

Commission and at the expense of the Respondent; and

B. To interview officers, directors, or employees of the Respondent, who may have counsel 

present, regarding such matters.

 Term

IT IS FURTHER ORDERED that this Order shall terminate 20 years from the date it is issued.

By the Commission.

Donald S. Clark

Secretary

SEAL

ISSUED:
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Confidential/Non-Public Appendix A

CCP Joint Venture Agreement
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Appendix B

Monitor Agreement
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Confidential/ Non-Public Appendix C

Monitor Compensation