Scan a website for consumer and competition risks, report a problem, and search live cases. Not a law firm.

CounterLayer
← Case library

EU · US · remedy · ~9 min read

Dow / DuPont Merger (EU)

2015–2019 · crop protection, petrochemicals, specialty materials

Dow and DuPont merged into a giant, then split into three companies—but only after selling crop-science products to FMC because Europe worried about herbicide and insecticide concentration.

The story

Dow and DuPont were century-old American industrial icons. Their 'merger of equals' planned to combine, cut costs, then spin out three focused firms: agriculture, materials, and specialty products.

European regulators focused on the agriculture overlap. Both firms sold herbicides and insecticides where combined share would dominate niche markets like certain fungicides and insect control tools.

The Commission demanded divestitures to FMC Corporation—including research pipelines and production facilities—not merely brand licenses. Remedies had to transfer real competitive capability.

Petrochemical overlaps in acid copolymers also required asset sales. EU conditions ran in parallel with US merger review.

After closing, the integrated DowDuPont entity worked through integration then executed the three-way split, creating Corteva for seeds and crop chemicals, a new Dow for materials, and a slimmed DuPont for specialties.

The arc—merge, remedy, split—illustrates how conglomerates use mergers to reshape portfolios while antitrust police individual market overlaps.

Farmers and chemical buyers gained a strengthened FMC as partial compensation for lost standalone rivalry between Dow and DuPont crop units.

Why it matters

Merger remedies can reshape entire industry structures.

Conglomerate strategies do not bypass narrow product market analysis.

Buyers of divested assets must receive R&D—not just trademarks.

What was claimed

Herbicide and insecticide overlaps harmed farmers.

Petrochemical co-product markets would concentrate.

Innovation competition would decline post-merger.

The other side

Companies said the split plan itself preserved competition long term.

DowDuPont argued remedies were sufficient and pro-innovation.

What it means for you

Crop protection prices affect agricultural commodities and food.

Industrial customers saw supplier lists change after the split.

Bottom line

Dow/DuPont shows EU merger control forcing asset sales even when companies plan to break themselves up later.

Timeline

  1. 2015–2016

    Merger of equals proposed

    Dow and DuPont pitched combination then separation into focused companies.

  2. 2017

    EU remedies to FMC

    Commission required sale of herbicide and insecticide portfolios to preserve rivalry.

  3. 2019

    Corteva, Dow, DuPont born

    Post-merger split created three independent listed firms.

Key dates

Merger announced
December 2015
EC conditional approval
March 27, 2017
Three-way split completed
2019

Formal snapshot

Summary: The EU cleared Dow and DuPont's merger conditional on divestitures in crop protection and petrochemicals, followed by a planned three-way split into separate agriculture, materials, and specialty companies.

Regulator / plaintiff argument: Overlaps in herbicides, insecticides, and petrochemical co-products would reduce competition and innovation without divestitures to buyers like FMC.

Outcome: 2017 conditional clearance; FMC acquired major crop protection assets; DowDuPont later split into Corteva, Dow, and DuPont.

Remedies: Crop protection divestitures; R&D organization separation; petrochemical asset sales.

Conduct tags

merger

Laws referenced

  • EU Merger Regulation — Reg. (EC) No 139/2004
  • Hart-Scott-Rodino Act — 15 U.S.C. §18a

Companies

Sources

Reader signals

0 reads · synced via local demo storage — add NEXT_PUBLIC_SUPABASE_* to enable shared likes and comments

Comments

    No comments yet — start the thread.