For announcement of referral see DTI Press Notice P/2002/322
Water Industry Act 1991Vivendi S.A/First Aqua merger reference
Terms of Reference
Whereas it appears to the Secretary of State that
it is or may be the fact that -
(a) arrangements are in progress or in contemplation which, if carried
into effect, will result in a merger of two or more water enterprises
(as defined in section 35 (1) of the Water Industry Act 1991) in that
water enterprises carried on by or under the control of Vivendi Water
S.A (one or more of which is carried on in the United Kingdom ) will
cease to be distinct (within the meaning of Part V of the Fair Trading
Act 1973) from water enterprises carried on by or under the control
of First Aqua (JVCo) Limited; and
(b) the value of the assets to be taken over would exceed £30
million and a water enterprise already belonging to the person making
the take-over has assets the value of which exceeds £30 million;
and
Having regard to the terms of the European Commission's decision under
Article 21 (3) of the European Community Merger Regulation (Council
Regulation (EEC) 4064/89), dated 29 March 1995, recognising the United
Kingdom's right to take appropriate measures to protect its legitimate
interests in relation to sections 32 to 34 of the Water Industry Act
1991;
Now, therefore, the Secretary of State, in exercise of her duty under
section 32 of the Water Industry Act 1991, hereby refers to the Competition
Commission, for investigation and report within a period ending on
23 September 2002, the following questions:
(1)(i) whether arrangements (as described in paragraph (a) above)
are in progress which if carried into effect will result in the creation
of such a merger of two or more water enterprises as is required by
section 32 of the Water Industry Act 1991 to be the subject of a merger
reference; or
(1)(ii) if events so require, whether the actual results of those
arrangements are the creation of such a merger; and
23
May 2002
An official of the Department of Trade and Industry
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