For announcement of referral see DTI Press Notice P/2002/003

Linpac/Mckechnie Paxton Ltd Acquisition

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:

(a) enterprises carried on by or under the control of LINPAC Group Limited (a body corporate incorporated in the United Kingdom) have ceased to be distinct from enterprises carried on by or under the control of McKechnie plc;

(b) as a result, the condition specified in section 64(2) of the Act prevails, or does so to a greater extent, with respect to the supply in the United Kingdom of returnable transit products ("RTPs"); and

(c) the enterprises referred to in paragraph (a) have ceased to be distinct either within the four months preceding the date of this reference or in the circumstances falling within section 64(4)(b) of the Act, as the case may be.

Now, therefore, the Secretary of State, in exercise of her 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 10 April 2002, the following questions:

(i) whether a merger situation qualifying for investigation has been created as a result of the matter described in paragraph (a) above; and

(ii) if so, whether the creation of that situation operates, or may be expected to operate, 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.