For announcement of referral see DTI Press Notice P/2000/495
17 July 2000
PROPOSED ACQUISITION OF HYDRO SEAFOOD BY NUTRECO REFERRED
TO THE COMPETITION COMMISSION
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 Nutreco Holdings
NV (of which one at least was carried on in the United Kingdom) will
cease to be distinct from enterprises carried on by or under the control
of Norsk Hydro ASA; and
- the value of the assets taken over exceeds 70 million.
Now therefore the Secretary of State in exercise of his powers under
sections 64, 69(2) and 75(1) of the Act hereby refers to the Competition
Commission ("the Commission ") for investigation and report
within the period ending on 16 November 2000 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;
- if events so require, whether the actual results of those arrangements
are the creation of such a situation; and
- 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 the paragraphs (a) and (b) of
section 64(1) of the Act if they find the other satisfied.
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