The court, which initially ruled in June 2018, found that Nova Chemicals failed to operate the ethylene asset at full capacity for more than 10 years, and furthermore, that Nova violated several contractual agreements related to Dow receiving its share of the asset’s ethylene production. These actions resulted in reduced productivity and sales for Dow.The signed judgment relates to damages Dow incurred through 2012. Dow anticipates receiving an additional judgment for damages owed by Nova for the post-2012 period.
Additionally, the ethylene asset is now running at a higher utilisation rate and giving Dow more ethylene from an advantaged feedstock position.The judgment is subject to appeal. Dow expects to record an accounting gain related to a portion of this judgment in the third quarter of 2019, which the company expects to treat as a significant non-recurring item when calculating non-GAAP financial measures, including operating earnings per share.
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