Exchange of information between the monopoly inquiry into the Supply of Banking Services to Small and Medium-Sized Enterprises (the Banks Inquiry) and the Lloyds TSB/Abbey National merger inquiry (the Merger Inquiry)

Introduction

The Competition Commission is able to use for the purposes of one inquiry any relevant information it has received during the course of conducting another inquiry. It is anticipated that during the course of the Banks and Merger inquiries, either group will wish to make use of some of the information provided or arising from the other inquiry. The purpose of this note is to inform the parties of both inquiries of the information the Competition Commission anticipates the groups may wish to refer to and of the administrative arrangements it proposes to follow.

Use of Information supplied to the Bank Inquiry by the Merger Group

Lloyds TSB and Abbey National have been invited to refer the Merger Group to information that they have submitted to the Banks Inquiry and in this event, the Merger Group will consider the evidence that is specifically referred to.

In addition, the Merger Group may itself wish to consider other evidence submitted by Lloyds TSB and Abbey National to the Banks Inquiry. In this situation, the Competition Commission will inform the relevant persons that the evidence has been passed to the Merger Group.

Evidence received in respect of the Banks Inquiry from parties other than Lloyds TSB and Abbey National will be handled in the same way as all other third party evidence to the Merger inquiry itself. That is, if the Merger Group considers that there are points of fact or argument arising from it that may influence their judgements, these points will be put to the merger parties for comment. However, parties to the Banks inquiry wishing to make representations to the Merger inquiry should do so direct, submitting copies of any documents supplied to the Banks inquiry if they wish.

Use of Information supplied to the Merger Inquiry by the Banks Group

The Banks Group may wish to consider any evidence submitted to the Merger Inquiry. If the Banks Group considers that any points of fact or argument arising from that evidence may influence their judgements, these points will be put to the main parties to the Banks inquiry for comment.

Views of the Groups

Each Group will take account of those aspects of the published statements of the other – for example, issues and remedies statements – which they consider relevant to their inquiry. They may also wish to have insight into the views and analysis of the other Group that goes beyond the public statements. Any such exchanges may be written or oral, though in the case of the latter, they will be minuted to ensure that each Group has identified any matter that it is appropriate to put to the main parties for comment.

 
Last revised 3 April 2001