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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

DOCKET NO. 9384

ORDER GRANTING CONTINUANCE

In the Matter of

 RAG-Stiftung,

 a public-private foundation;

 Evonik Industries AG,

 a public company;

 Evonik Corporation,

 a public company;

 Evonik International Holding B.V.,

 a public company;

 One Equity Partners Secondary Fund,

 L.P.,

 a private company;

 One Equity Partners V, L.P.,

 a private company;

 Lexington Capital Partners VII 

 (AIV I), L.P.,

 a private company;

 PeroxyChem Holding Company LLC,

 a private company;

 PeroxyChem Holdings, L.P.,

 a private company;

 PeroxyChem Holdings LLC,

 a private company;

 PeroxyChem LLC,

 a private company;

 and

 PeroxyChem Cooperatief U.A., 

 a private company,

Respondents.
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On December 20, 2019, Complaint Counsel and Respondents RAG-Stiftung, Evonik 

Industries AG, Evonik Corporation, and Evonik International Holding B.V. (together, “Evonik”) 

and Respondents One Equity Partners Secondary Fund, L.P., One Equity Partners V, L.P., 

Lexington Capital Partners VIII (AIV I), L.P., PeroxyChem Holding Company LLC, 

PeroxyChem Holdings, L.P., PeroxyChem Holdings LLC, PeroxyChem LLC, and PeroxyChem

Cooperatief U.A. (together, “PeroxyChem”) jointly moved to postpone commencement of the 

administrative hearing in this proceeding from January 22, 2020 to March 11, 2020, and to 

postpone all pre-hearing deadlines by corresponding 49-day periods. Joint Expedited Motion for 

Continuance of Administrative Proceeding (“Joint Motion”) at 2.

This follows the Commission’s issuance on August 2, 2019, of an administrative 

complaint challenging Evonik’s proposed acquisition of PeroxyChem (“the Proposed 

Acquisition”). The Commission at that time also filed a complaint in the U.S. District Court for 

the District of Columbia seeking a preliminary injunction barring the Proposed Acquisition until 

final resolution of this administrative proceeding. The preliminary injunction hearing and posthearing filings have concluded in the federal district court action. The parties presented their 

closing arguments on December 13, 2019. The parties anticipate a decision in the federal district 

court action by January 24, 2020. Id. at 3.

The parties state that “[i]f the federal district court grants Complaint Counsel’s motion 

for preliminary injunction, Respondents will abandon the Proposed Acquisition.” Joint Motion 

at 5; accord Declaration of Dr. Norbert Lӧw, Evonik Industries AG ¶ 7; Declaration of P. Pete 

Zografakis, PeroxyChem Holdings ¶ 7. Moreover, the parties state that “[i]f the federal district 

court denies Complaint Counsel’s motion for preliminary injunction, Respondents intend to 

move immediately for the administrative proceeding to be withdrawn from adjudication or 

dismissed pursuant to Rule 3.26, 16 C.F.R. § 3.26.” Joint Motion at 5. 

The parties argue that a continuance of the administrative hearing will ensure that third 

parties and the parties do not face unnecessary burden and expense. Id. They state that, pursuant 

to the governing Scheduling Order, “the third parties will soon need to expend significant 

resources to meet upcoming pre-hearing deadlines.” Id. For example, the Scheduling Order will 

require the third parties to file motions for in camera treatment by January 7, 2020. Twentythree such third parties sought in camera protection during the course of the federal district court 

proceeding. Id. at 6. Furthermore, all parties will have to bear the expense of preparing for a full 

trial. Id. This will include the filing of motions in limine and associated responses, motions for 

in camera treatment and associated responses, and pretrial briefs. Id. at 7. Commencement of 

the administrative hearing will entail additional expense and will impose burdens on witnesses. 

Id. at 6-7.

Commission Rule 3.41(f) provides, in relevant part, that a pending “collateral federal 

court action that relates to the administrative adjudication shall not stay the proceeding [u]nless a 

court of competent jurisdiction, or the Commission for good cause, so directs.” 16 C.F.R. § 

3.41(f). This reflects the Commission’s commitment to move forward as expeditiously as 

possible with its administrative hearings. See, e.g., 16 C.F.R. §§ 3.1, 3.11(b)(4), 3.41(b), 3.46, 

3.51-3.52. 
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As we have explained in the past, however, the public interest is not served if litigants 

and third parties bear expenditures that later prove unnecessary. See, e.g., In re Sanford Health,

Docket No. 9376, 2017 WL 5845596, at *1 (F.T.C. Nov. 21, 2017). Commission Rule 3.41(b) 

authorizes the Commission to delay a hearing date, upon a showing of good cause. 16 C.F.R. § 

3.41(b). Under the circumstances presented, we find that the requested continuance is justified. 

Deferring the start of trial to March 11, 2020, and extending the remaining pre-hearing deadlines 

by the same 49-day interval, will provide additional time for resolution of the federal district 

court action, which could obviate the need for an administrative hearing without materially 

delaying the Commission proceeding. We have granted continuances under comparable 

circumstances in the past. See, e.g., In re Sanford Health, Docket No. 9376, 2017 WL 6604532 

(F.T.C. Dec. 21, 2017); Sanford Health, 2017 WL 5845596; In re The Penn State Hershey Med.

Ctr., Docket No. 9368, 2016 WL 3345405 (F.T.C. June 10, 2016); In re Advocate Health Care 

Network, Docket No. 9369, 2016 WL 3182774 (F.T.C. June 2, 2016). Accordingly,

IT IS HEREBY ORDERED that the Joint Expedited Motion for Continuance of 

Administrative Proceeding is GRANTED; and 

IT IS FURTHER ORDERED that the evidentiary hearing in this proceeding shall 

commence at 10:00 a.m. on March 11, 2020, and that, unless modified by the Chief

Administrative Law Judge, all related pre-hearing deadlines shall be extended by 49 days. 

By the Commission, Chairman Simons recused.

April J. Tabor

Acting Secretary

SEAL: 

ISSUED: January 2, 2020