For announcement of referral see DTI Press Notice P/2001/18
9 January 2001
SCR-Sibelco SA/Fife Silica Sands/Fife Silica Resources: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:
- enterprises carried on by or under the control
of SCR-Sibelco SA 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 Anglo Pacific Group Plc (of which at least
one was carried on in the United Kingdom); and
- as a result, the condition specified in section
64(3) of the Act prevails, or does so to a greater extent, with respect
to the supply in the United Kingdom of silica sand.
Now, therefore, the Secretary of State, in exercise of
his powers under sections 64 and 69 (2) of the Act, hereby refers to the
Competition Commission ("the Commission"), for investigation
and report within a period ending on 16 April 2001, the following questions:
- whether a merger situation qualifying for investigation
has been created as a result of the matter described in paragraph
(a) 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
|
