For announcement of referral see DTI Press Notice P/2000/787
24 November 2000
Icopal/CAIK Holding: Referral to the Competition Commission
Terms of Reference
Whereas it appears to the Secretary of State that it is or may be the
fact that a merger situation qualifying for investigation, as defined
in section 64(8) of the Fair Trading Act 1973 ("the Act"), has
been created in that:
- Icopal Holding A/S (formerly, CAIK Holding AF 13.06.2000 A/S);
IKO (Sales) Limited; Carlisle Companies Inc.; Kirkbi A/S; and Axcel
Industriinvestor a/s (together "the Joint Venture") acted
together to secure control of Icopal A/S and therefore are to be treated
as one person pursuant to section 77(1)(b) of the Act;
- as a result of the acquisition, enterprises carried on by or
under the control of the Joint Venture have within the four months
preceding the date of this reference ceased to be distinct from enterprises
carried on by or under the control of Icopal A/S (of which one at
least was carried on in the United Kingdom); and
- the value of the assets taken over exceeds 70 million.
Now, therefore, the Secretary of State, in exercise of his powers under
sections 64 and 69(1) and (2) of the Act, hereby refers to the Competition
Commission ("the Commission"), for investigation and report
within a period ending on 13 March 2001 , the following questions:
- whether a merger situation qualifying for investigation has been
created as a result of the matters described in paragraphs (a) and
(b) above; and
- if so, whether the creation of that situation operates, or may
be expected to operate, against the public interest.
In relation to the question in paragraph (i) above the Commission shall
exclude from consideration one of paragraphs (a) and (b) of section 64(1)
of the Act if they find the other satisfied.
Inquiries
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