For announcement of referral see DTI Press Notice P/2002/190
Compass Group PLC / Rail Gourmet Holding AG, Restorama AG, Gourmet
Nova - Acquisition
Terms of Reference
Whereas it appears to the Secretary of State that it is or may be
the fact that arrangements are in progress or in contemplation which,
if carried into effect, will result in the creation of a merger situation
qualifying for investigation, as defined in section 64(8) of the Fair
Trading Act 1973 ("the Act"), in that:
- enterprises carried on by or under the control of Compass
Group Plc (a body corporate incorporated in the United Kingdom)
will cease to be distinct from enterprises carried on by or under
the control of Sairlines AG; and (b) as a result, the condition
specified in section 64(3) of the Act will prevail, or will do so
to a greater extent, with respect to the supply of on-train food
services in the United Kingdom.
Whereas the said arrangements as described in paragraph (a) if carried
out will result in a concentration with a Community dimension within
the meaning of Council Regulation (EEC) no 4064/89 of 21 December 1989
on the control of concentrations between undertakings ("the Regulation");
andWhereas the Commission of the European Communities has, pursuant
to Article 9(3)(b) of the Regulation, referred the case to the competent
authorities of the United Kingdom:Now, therefore, the Secretary of State,
in exercise of her powers under sections 64, 69 (1) (2) and (4) and
75 of the Act, hereby refers to the Competition Commission ("the Commission"),
for investigation and report within a period ending on 17 June 2002,
the following questions:
- whether arrangements are in progress or in contemplation as
described in paragraph (a) above which, if carried into effect, will
result in the creation of a merger situation qualifying for investigation;
(ii) if events so require, whether the actual results of those arrangements
are the creation of such a situation; and (iii) if so, in either case,
whether the creation of that situation may be expected to operate or
(if events so require) operates against the public interest.
In relation to the questions in paragraphs (i) and (ii) 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.In relation to the question
in paragraph (iii) above, the Commission shall limit their consideration
to such elements in, or possible consequences of, the creation of that
situation which relate to the supply of on-train food services in the
United Kingdom.
26 March 2002
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