FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 10/15/2020 | OSCAR NO. 599609 |Page 1 of 8| PUBLIC

 

 

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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 

Peabody Energy Corporation, Docket No. 9391 a public company; 

and 

Arch Coal, Inc., 

a public company. 

JOINT MOTION TO DISMISS COMPLAINT 

Complaint Counsel and Respondents Peabody Energy Corporation (“Peabody”) and Arch 

Coal, Inc. (“Arch”) jointly move to dismiss the complaint in the above-captioned matter. On 

October 14, 2020, Respondents informed Complaint Counsel that they have terminated their 

proposed acquisition. As set forth in Exhibit A, Peabody has withdrawn its Hart-Scott-Rodino 

Notification and Report Forms filed for this proposed acquisition, and has no intent to refile. The 

Complaint is now moot. 

Accordingly, the parties respectfully request that the Commission dismiss the Complaint. 

A proposed order is attached. 
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Dated: October 15, 2020 

s/ Daniel Matheson 

Daniel Matheson 

Federal Trade Commission 

Bureau of Competition 

400 Seventh Street SW 

Washington, DC 20024 

Telephone: (202) 326-2075 

Facsimile: (202) 326-2286 

Email: dmatheson@ftc.gov 

Counsel Supporting the Complaint

 s/ Ted Hassi 

Ted Hassi 

Debevoise & Plimpton LLP 

801 Pennsylvania Avenue NW 

Washington, DC 20004 

Telephone: (202) 383-8315 

Email: thassi@debevoise.com 

s/ Gorav Jindal 

Gorav Jindal 

Akin Gump Strauss Hauer & Feld LLP 

2001 K Street NW 

Washington, DC 20006 

Telephone: (202) 887-4234 

Email: gjindal@akingump.com 

Counsel for Respondent Peabody Energy 

Corporation 

s/ Stephen Weissman 

Stephen Weissman 

Michael Perry 

Baker Botts LLP 

700 K Street NW 

Washington, DC 20001 

Telephone: (202) 639-1313 

Email: stephen.weissman@bakerbotts.com 

Email: michael.perry@bakerbotts.com 

Counsel for Respondent Arch Coal, Inc. 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 10/15/2020 | OSCAR NO. 599609 |Page 3 of 8| PUBLIC

 

 

 

 

 

 

PUBLIC

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 

Peabody Energy Corporation, Docket No. 9391 a public company; 

and 

Arch Coal, Inc., 

a public company. 

[PROPOSED] ORDER DISMISSING COMPLAINT 

This matter comes before the Commission on Complaint Counsel’s and Respondents’ 

Joint Motion to Dismiss Complaint. Having considered the motion, it is hereby 

ORDERED, that the Joint Motion to Dismiss Complaint dated October 14, 2020, is 

GRANTED and the Complaint is dismissed without prejudice. 

By the Commission. 

ISSUED: 

 April J. Tabor

 Acting Secretary 

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Exhibit A 
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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 10/15/2020 | OSCAR NO. 599609 |Page 6 of 8| PUBLIC PUBLIC

CERTIFICATE OF SERVICE 

I hereby certify that on October 15, 2020, I filed the foregoing document electronically 

using the FTC’s E-Filing system, which will send notification of such filing to: 

April J. Tabor 

Acting Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue NW, Rm. H-113 

Washington, DC 20580 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue NW, Rm. H-110 

Washington, DC 20580 

I also certify that I delivered via electronic mail a copy of the foregoing document to: 

Ted Hassi 

Debevoise & Plimpton LLP 

801 Pennsylvania Avenue NW 

Washington, DC 2004 

(202) 383-8315 

thassi@debevoise.com 

Gorav Jindal 

Akin Gump Strauss Hauer & Feld LLP 

2001 K Street 

Washington, DC 20006 

(202) 887-4234 

gjindal@adkingump.com 

Counsel for Respondent Peabody Energy Corporation 

Stephen Weissman 

Michael Perry 

Baker Botts LLP 

700 K Street NW 

Washington, DC 20001 

(202) 639-1313 

Stephen.weissman@bakerbotts.com 

Michael.perry@bakerbotts.com 

Counsel for Respondent Arch Coal, Inc. 
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Dated: October 15, 2020 By: s/ Daniel Matheson

 Daniel Matheson 

Counsel Supporting the Complaint 
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CERTIFICATE FOR ELECTRONIC FILING 

I certify that the electronic copy sent to the Secretary of the Commission is a true and 

correct copy of the paper original and that I possess a paper original of the signed document that 

is available for review by the parties and the adjudicator. 

Dated: October 15, 2020 By: s/ Daniel Matheson

 Daniel Matheson 

Counsel Supporting the Complaint