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DuPont Photomasks: Justice Dept. seeks more info for merger approval

DuPont Photomasks Inc. (DPMI), the US-based manufacturer of glass plates used to make semiconductors, said 20 January 2005 that the Antitrust Division of the US Department of Justice has asked for add…

DuPont Photomasks Inc. (DPMI), the US-based manufacturer of glass plates used to make semiconductors, said 20 January 2005 that the Antitrust Division of the US Department of Justice has asked for additional information from the company and from Japan“s Toppan Printing Co. about their proposed merger. In a regulatory filing with the Securities and Exchange Commission, DuPont Photomasks said the issue of a second request for information is not unusual for a transaction of this size and type, and the parties intend to cooperate fully with the request. The companies have made pre-closing filings in Germany and Taiwan as required by those countries“ regulatory authorities, and all applicable waiting periods have expired or been terminated, the filing said. The effect of the second request by the Justice Department is to extend the waiting period imposed by Hart-Scott-Rodino Antitrust Improvements Act until 30 days after the companies have substantially complied with the request. DuPont Photomasks said it is considering when to schedule the vote by its shareholders to adopt the acquisition agreement in view of the timing of the process. The companies remain confident that the transaction will go ahead as originally planned and continue to expect the transaction to close in early 2005, the filing said. In October 2004, Tokyo-based Toppan agreed to buy outstanding DuPont Photomasks shares for USD 27 a share, or about USD 650 million (JPY 71 billion).

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