Fuente : UK Government
http://www.open.gov.uk/

UK: OFT REFERS ACQUISITION BY ARDAGH INTERNATIONAL HOLDINGS LTD OF REDFEARN GLASS LIMITED (PREVIOUSLY REXAM GLASS BARNSLEY LIMITED)

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The OFT today referred the completed acquisition by Ardagh International Holdings Ltd of Redfearn Glass Limited (previously Rexam Glass Barnsley Limited) to the Competition Commission (CC). The OFT has decided that the test for reference is met in relation to the supply of glass containers (excluding those used for pharmaceutical and cosmetic purposes) in the UK.

Vincent Smith, OFT Competition Enforcement Director, said: 'The merged entity controls 50% of most types of glass containers in the United Kingdom. The key question here is whether alternative suppliers, both in the UK and abroad, are a competitive constraint post-merger. The evidence is mixed, and, together with the substantial customer concerns received by the OFT, these factors lead the OFT to refer the merger to the Competition Commission for further examination.'

The CC is expected to report in four months.

NOTES

1. The Reference Test - The OFT has a duty to make a reference to the CC if the OFT believes that it is or may be the case that a relevant merger situation has been created; and the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

2. Under the Enterprise Act 2002 a relevant merger situation is created if two or more enterprises have ceased to be distinct enterprises; and the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million; or as a result of the transaction, in relation to the supply of goods or services of any description, a 25% share of supply in the UK (or a substantial part thereof) is created or enhanced.

3. The CC may extend the 24 week period within which it is required to publish its report by no more than eight weeks if it considers that there are special reasons why the report cannot be published within that period.

4. The text of these decisions will be placed on the Office of Fair Trading's web site at http://www.oft.gov.uk and will also appear in the Office's Weekly Gazette as soon as is reasonably practicable.

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