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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20010318.html

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STATUTORY INSTRUMENTS


2001 No. 318

COMPETITION

The Merger Report (Interbrew SA and Bass PLC) (Interim Provision) Order 2001

  Made 8th February 2001 
  Laid before Parliament 8th February 2001 
  Coming into force 12th February 2001 

Whereas the Secretary of State, in the circumstances specified in subsection (1) of section 73 of the Fair Trading Act 1973[1] has under consideration the making of an Order under that section exercising powers specified in Schedule 8 to that Act for the purpose of remedying or preventing the adverse effects specified in the report of the Competition Commission entitled "Interbrew SA and Bass PLC: A report on the acquisition by Interbrew SA of the brewing interests of Bass PLC[2]";

     And whereas, with a view to achieving the purpose for which the Order which he has under consideration as aforesaid is proposed to be made, the things specified in articles 2 and 3 of this Order should be done:

     Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 89(2), (3)(a), (b) and (bb) and 90 of the said Act[3] and with a view to achieving the purpose for which the powers specified in Part II of Schedule 8 to the said Act are proposed to be exercised by the Order which he has under consideration as aforesaid, hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Merger Report (Interbrew SA and Bass PLC) (Interim Provision) Order 2001 and shall come into force on 12th February 2001.

    (2) In this Order - 

Interim Provisions
    
2. To the extent that when this Order comes into force the Businesses are separately organised from the business of Interbrew:

     3. Without prejudice to the generality of article 2:

     4. Interbrew and Bass shall provide the Director with such information as he may require for the purposes of monitoring the compliance of Interbrew and Bass with this Order and the Director is hereby empowered to require Interbrew and Bass to take such steps as appear to him to be necessary to ensure compliance with this Order.


Stephen Byers
Secretary of State for Trade and Industry

8th February 2001



EXPLANATORY NOTE

(This note is not part of the Order)


This Order prohibits Interbrew SA, Interbrew UK Limited and any other member of the Interbrew group (collectively referred to as "Interbrew") and Bass Holdings Limited ("Bass") (formerly a subsidiary of Bass PLC) from doing things which might impede the operation of an Order which the Secretary of State has under consideration for the purpose of remedying or preventing the adverse effects specified in the Competition Commission report on the acquisition by Interbrew SA of the brewing interests of Bass PLC (Cm. 5014, obtainable from Her Majesty's Stationery Office). In particular, it requires Interbrew and Bass to maintain the business of Interbrew separately from that of Bass.


Notes:

[1] 1973 c. 41.back

[2] Cm. 5014.back

[3] Section 89(2) was amended by the Companies Act 1989 (c. 40), sections 153 and 212, Schedule 20 paragraph 15(2) and (4) and Schedule 24. Paragraph (bb) of sub-section (3) of section 89 was inserted by the Companies Act 1989 section 153, Schedule 20, paragraph 15(3) and (4).back



ISBN 0 11 019237 0


 © Crown copyright 2001

Prepared 14 February 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20010318.html