I I CT-2007-010. COMPETITION TRIBUNAL IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, and the Compeµtion Tribunal . Rules, SOR/94-290; AND ·IN THE MATTER of filing and registration of an amendment to a consent agreement pursuant to section 106 of the Competition Act .. . BETWEEN:
· The Commissioner _of Competition Applicant . -and-
Akzo NobelN.V. AMENDMENT TO CONSENT AGREEMENT IN RELATION TO THE ACQUISITION BY AKZO NOBEL N.V. OF IMPERIAL CHEMICAL INDUSTRIES PLC
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Respondent . .
I I WHEREAS Akzp Nobel N.V. ("Akzo Nobel") (through its wholly owned subsidiary, SICO INC.) has entered into an agreement to sell certain assetS to General Paint Corp. ("General Pai . nt'') by agreem I ent dated June 13, 2008 ("the General Paint Transaction''), the sale being pursuant to the Cdnsent Agreement in this matter dated December 13,2007 which was filed with I
the Tribunal on December 14, 2007 ("Consent Agreement''); I I . AND WHEREAS the assets that General Paint wishes to purchase includes all of the Divestiture Assets, as definek by the Consent Agreement, except for the Etobicoke production facility referred to in sUbJaragraph l(w)(vi) of the Consent Agreement. . I . AND WHEREAS the Commissioner is satisfied that the General Paint Transaction meets the criteria in para~ph 18 of the Consent Agreement, notwithstanding the Etobicoke production I ., facility is not included, and has approved the General Paint Transaction pursuant to paragraph 18 I of the Consent Agreement.
AND WHEREAS the Consent Agreement specifically recognizes at paragraph 78 that Akzo I Nobel and the Commissioner may mutually agree to amend the Consent Agreement in any manner pursuant ~osubsection 106(1) of the Competitio~ Act; I
AND WHEREA~ the Commissioner and Akzo Nobel agree to the filing of this Agreement with I the Tribunal by tlie Commissioner for registration; , , I N . OW THEREFO I RE Akzo Nobel and the Commissioner agree to amend the Consent Agreement as follows: I
1. . The defuUtiol of Para Assets shall be amended by removing subparagraph l(w)(vi); namely, the words •.Je Etobicoke production facility located in Toronto, Ontano (fonner City of Etobicoke, Ohtatio)" from the Consent Agreement.
2. This AgreemLt may be executed in counterparts . .. - ,1_- _ . ...__ __ . i • DATED this 27th day of June, 2008. I
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v--~ CoD116rSSiOIlerofmpetition 4r,.~~~ AkzoNobe~.
FILED AND REGISTERED BY THE TRIBUNAL, THIS __ DAY OF JUNE, 2008.
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