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

• Citation: S.I. 2001/318
• Sections: 4

Section 1 Citation, commencement and interpretation

(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—

“Bass” means Bass Holdings Limited (formerly a subsidiary of Bass PLC) and any interconnected body corporate of Bass Holdings Limited incorporated in a part of the United Kingdom or carrying on business in the United Kingdom (other than Interbrew);

“the Businesses” means those assets and businesses of Bass in the United Kingdom used in the production for supply of beer in Great Britain or for the supply of beer in Great Britain;

“the Director” means the Director General of Fair Trading; and

“Interbrew” means Interbrew SA, Interbrew UK Limited and any other member of the Interbrew group of interconnected bodies corporate which owns or controls the assets acquired from Whitbread PLC.

Section 2 Interim Provisions

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

(i) the Businesses shall be maintained as a viable going concern;

(ii) no step shall be taken to integrate the Businesses with the business of Interbrew; and

(iii) the Businesses shall not be transferred to any other person.

Section 3 Interim Provisions

Without prejudice to the generality of article 2:

(i) except with the prior written consent of the Director, the nature, description, range and standard of goods offered by the Businesses in Great Britain immediately before their acquisition by Interbrew shall be maintained and preserved;

(ii) the goods referred to in paragraph (i) above shall be distinguishable, by name, trademark or otherwise, from any other goods offered by Interbrew in Great Britain;

(iii) subject to paragraph (v) below, the assets, including production, wholesale and distribution facilities, brands and goodwill, of the Businesses shall be maintained and preserved;

(iv) the number and locations of the outlets of the Businesses shall be preserved;

(v) except with the prior written consent of the Director, no assets used in the operation of the Businesses shall be disposed of, and no interest in such assets shall be created or disposed of, other than in the ordinary course of business of the Businesses;

(vi) without prejudice to the generality of paragraph (v) above, no right or interest in any brand relating to the Businesses shall be disposed of and all such rights and interests shall be maintained; and

(vii) all necessary steps shall be taken to maintain all existing licences and approvals and to obtain those required for the purposes of the Businesses.

Section 4 Interim Provisions

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.