New York Post

A CHEMICAL TEST

DowDuPont faces stiff EU resistance: sources

- jkosman@nypost.com By JOSH KOSMAN

The gigantic Dow Chemical-DuPont merger is experienci­ng some serious antitrust pushback in Europe and some Washington insiders feel it could get blocked, The Post has learned.

The two companies met last week with European Union regulators to detail their views as to why the deal should get approved.

A similar effort last year failed to resolve EU concerns. A decision is expected next month.

“I wouldn’t be surprised if it got blocked,” said one Washington source close to the situation, but not working on the deal, while a source close to the parties said he was “cautiously optimistic.”

A merger of Dow, with a $65 billion market cap, and DuPont, worth $64 billion, would create a new entity called DowDuPont, the world’s largest chemical company.

If the companies offer concession­s — like selling of assets — they would need to do so by late January, the source said.

The biggest concern of the EU is that the new entity will spend less on crop-protection research and thus reduce global yields, sources said.

The merger, which will reorder and concentrat­e power in the biotech seed industry, has been the subject of intense scrutiny in the US, as well. At least 10 states and the Justice Department are weighing the deal.

Sen. Charles Grassley (RIowa), who heads the Judiciary Committee, held a hearing last September on the wave on consolidat­ion in the sector that will affect five of the “Big Six” players in the seed and agrochemic­al business.

“I’m concerned that further concentrat­ion in the industry will reduce choice and raise the price of chemicals and seed for farmers, which ultimately will affect choice and costs for consumers,” the farm state lawmaker said.

Grassley appeared to raise a red flag on Jan. 10 during the confirmati­on hearing of Attorney General-nominee Jeff Sessions, who, if confirmed, will oversee Washington’s antitrust probe of the megadeal.

“Do I have your commit- ment that the Justice Department will . . . carefully scrutinize proposed agricultur­al mergers and acquisitio­ns?” Grassley asked Sessions.

“I would be pleased to honor your request,” Sessions said.

Some observers regarded the exchange as a none-toosubtle test to see if Sessions would move to stop the merger.

The Justice Department is in the final stages of its review, the source said.

For their part, the companies insist the combined business presents little overlap and that they won’t reduce spending on research and developmen­t.

“What I’ve seen is they have offered to sell little bits and pieces of the seeds and cropprotec­tion business” to allay antitrust concerns, the source close to the situation said.

Meanwhile, DuPont under Chief Executive Ed Breen, who took the helm in October 2015 two months before the merger was announced, is cutting costs to improve profits, an analyst close to the company said.

Neither party is subject to a break-up fee if regulators block the merger.

“We are continuing to work constructi­vely with the European Commission and all other relevant regulatory authoritie­s to address their questions and to obtain clearance for the merger,” the companies said in a joint statement.

 ??  ?? Cracks are beginning to show as the giant tie-up — forged by DuPont CEO Edward Breen (left) and Dow Chemical boss Andrew Liveris — faces increasing scrutiny, especially from Europe.
Cracks are beginning to show as the giant tie-up — forged by DuPont CEO Edward Breen (left) and Dow Chemical boss Andrew Liveris — faces increasing scrutiny, especially from Europe.

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