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3.52(g), 5 3.52(g) (2003)’ 

3.52.(b), 5 3.52(b), 

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UNITED STATES OF AMERICA 

BEFORE FEDERAL COMMISSION 

COMMISSIONERS: Timothy J. Muris, Chairman 

Sheila F. Anthony 

Mozelle W. Thompson 

Swindle 

Thomas B. Leary 

In the Matter of 

CHICAGO BRIDGE IRON COMPANY N.V., ) 

a foreign corporation, 

CHICAGO BRIDGE IRON COMPANY, Docket No. 9300 

a corporation, and 

PITT-DES MOINES, INC., 

a corporation. 

ORDER GRANTING EXTENSIONS OF TIME 

TO FILE APPEAL AND ANSWERING BRIEFS 

Respondents and Complaint Counsel separately request extensions of time within which 

to file their respective initial briefs on appeal from the Initial Decision and Order filed by 

Administrative Law Judge D. Michael Chappell in this matter. The Commission grants these 

requests in part. 

Judge Chappell filed his Initial Decision and Order in this matter on June 12,2003. 

Complaint Counsel were formally served with the Initial Decision on June 20,2003, and filed a 

timely Notice of Appeal on June 27,2003. Respondents were formally served with the Initial 

Decision on June 23,2003; filed a timely Notice of Appeal on July 2,2003; and, pursuant to 

Commission Rule 16 C.F.R. are deemed the appellants in this matter, 

and therefore currently must file their initial appeal brief by July 23,2003. Complaint Counsel 

are deemed the appellees and cross-appellants in this matter. On July 2,2003, Respondents filed 

a Motion For Extension of Time To File Appeal Brief requesting that the Commission grant 

Respondents an additional 21 days within which to file their appeal brief, in addition to the 30 

days already provided by Commission Rule 16 C.F.R. from the date on which 

they were served with the Initial Decision. On July 12,2003, Complaint Counsel filed their 

Response to Motion, stating that they do not object to Respondents’ request for a 

21-day extension, and an additional 10days within which to file their initial brief on 

in addition to the 30 days already provided by the Commission Rules of Practice, 

the date on which they are served with Respondents’ appeal brief. 
Respondents’ 

0 

ISSUED: 

The time periods we provide in our Rules of Practice should afford parties to FTC 

proceedings sufficient time to file pleadings and briefs of sufficient quality and detail to aid in 

the preparation of Commission opinions and orders. We also recognize that in any litigation 

involving a consummated merger, unnecessary delay at any step along the way to final resolution 

may increase the risk of ongoing injury to consumers and competition. This risk is especially 

serious in cases like this one, where the complaint alleges that the merger has violated the FTC 

Act and the Clayton Act because it may substantially lessen competition or tend to create a 

monopoly in one or more relevant markets. For these reasons, we are reluctant to extend briefing 

periods beyond those prescribed by the Commission Rules of Practice. 

The Commission nonetheless recognizes that there was a substantial volume of evidence 

presented in this matter concerning the four markets at issue. For this reason, some timing 

accommodation, on balance, is appropriate to give Respondents and Complaint Counsel adequate 

time to prepare their appeals. 

Accordingly, for the foregoing reasons, upon consideration of Motion For 

Extension of Time To File Appeal Brief, and Complaint Counsel’s Response thereto, 

IT IS ORDERED THAT (1) Respondents shall file their initial brief on appeal from the 

Initial Decision by August 4,2003, and (2) Respondents’ appeal shall be deemed perfected “by the 

timely filing of an appeal brief,” for purposes of Commission Rule 3.51(a), 16 C.F.R. 3.51 (a), if 

Respondents file their initial brief on appeal by that date; and 

IT IS FURTHER ORDERED THAT (1) Complaint Counsel shall file their initial brief on 

appeal by September 10,2003, and (2) Complaint Counsel’s appeal shall be deemed perfected “by 

the timely filing of an appeal brief’ if Complaint Counsel file their brief on appeal by that date, 

whether or not Respondents have previously perfected their appeal. 

By the Commission. 

Donald S. Clark 

Secretary 

July 17,2003 

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