Vulcan Materials (VMC) Gets Second Request for More Info from DoJ in Martin Marietta (MLM) Deal

January 18, 2012 7:39 AM EST
On January 17, 2012, Vulcan Materials Company (NYSE: VMC) received a civil investigative demand (CID) and a Request for Additional Information and Documentary Material from the U.S. Department of Justice relating to the exchange offer previously commenced by Martin Marietta Materials, Inc. (NYSE: MLM). The CID and Second Request were issued in connection with the notification filing that Martin Marietta made under the requirements of the Hart-Scott-Rodino Act of 1976, as amended.

The CID and Second Request call for, among other things, documentation and data that relate to aggregates, asphalt concrete, and ready mix concrete for each Vulcan facility that serves customers located in each of 15 states. The states are: Alabama, Arkansas, Florida, Georgia, Illinois, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and Wisconsin.

In addition, the CID and Second Request ask Vulcan to produce, among other things: (1) the amount of aggregates transported from relevant Vulcan facilities to locations within distances of 20, 40, 60, 80, 150, 200 and beyond 200 miles of such facility; (2) the amount of asphalt concrete transported from relevant Vulcan facilities to locations within distances of 10, 20, 30, 40, 50, 60 and beyond 60 miles of such facility and (3) the amount of ready mix concrete transported from relevant Vulcan facilities to locations within distances of 5, 10, 15, 20, 25, 30 and beyond 30 miles of such facility.

Vulcan intends to work with the DOJ to answer the CID and Second Request.


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