Anticipated acquisition by Sibelco Minerals & Chemicals Limited of the minerals and materials business of Tarmac Central Limited
Affected market: Silica flourNo. ME/1277/03
23/09/2003 - The Competition Commission announced that this merger reference has been cancelled. Full details can be found on the CC website.
The OFT's decision on reference under section 33 of the Enterprise Act 2002 given on 14 August 2003
Please note that the full text of the decision can be downloaded using the link on the right. What follows are extracts regarding the parties, the transaction and the jurisdiction.
PARTIES
Sibelco Minerals & Chemicals Ltd, trading as WBB Minerals (WBB), is involved in the supply and processing of industrial minerals, silica sand, chemicals and plastic clays. It is part of SCR-Sibelco SA, a privately owned Belgian company, which processes and supplies a range of industrial minerals and is a leading supplier of silica sands on a worldwide basis. The minerals and materials business the subject of the merger ('the Business') is part of Tarmac Central Ltd (Tarmac) which is ultimately owned by the Anglo American group. The Business is involved in the processing and distribution of certain minerals and accounted for sales of [ ] (see note 1) in 2002. It operates from two sites at Kidsgrove (the Talke site) and at Fenton.
TRANSACTION
WBB is proposing to acquire the Business. The Business processes and distributes minerals including pigments and additives to the brick industry, specialist materials to engineering and aerospace sectors and minerals such as zircon, bauxite and perlite. There is no overlap between the parties in these areas which account for sales of [ ] (see note 1) of the Business. This assessment addresses only those areas where an overlap occurs.
This transaction was notified to the Office of Fair Trading (OFT) on 11 June 2003 and the 40 day administrative target expired on 6 August 2003.
JURISDICTION
The OFT believes that it is or may be the case that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation pursuant to sections 33(1)(a) and 23 of the Enterprise Act 2002 (the Act). As a result of this transaction WBB and the Business will cease to be distinct, in accordance with section 26 of the Act. The parties overlap in the supply of silica flour, dolomite, high purity silica sand and feldspar and the share of supply test in section 23 of the Act is met in each of these sectors.
1. Text deleted at the request of the parties
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