Decision Nº M/04/026 from Competition and Consumer Protection Commission, 2004-05-20

CourtCompetition and Consumer Protection Commission (Ireland)
Parties3i Group plc
Date20 May 2004
Submitted Date27 April 2004
StatusPreliminary investigation (Phase 1)
Decision NumberM/04/026
Decision Date20 May 2004
Determination of the Competition Authority
Determination No. M/04/026 of the Competition Authority, dated
Notification No. M/04/026 – the proposal by 3i Group plc to
acquire Bowater Building Products Limited
1. On 27 April 2004 the Competition Authority, in accordance with
Section 18 (1) of the Competition Act, 2002 (“the Act”) was notified,
on a mandatory basis, of a proposal whereby 3i Group plc (“3i”) would
acquire Bowater Building Products Limited (“BBPL”) (“the proposed
The Parties
2. 3i is a venture capital and private equity company, registered in
England and Wales, which has a portfolio of more than 2,000
companies worldwide, operating in a wide range of business sectors
and industries. 3i does not carry on business in Ireland other than
through its portfolio companies.
3. BBPL is the ultimate holding company for Bowater Windows Limited
(“BWL”), which is the main trading company of the BBPL group of
companies. The BBPL group manufactures, supplies and installs
double-glazed windows, door units, conservatories and related
products made from polyvinyl chloride unplasticised (“PVC-u”)
materials, and also manufactures and supplies PVC-u profiles for
windows, doors, conservatories and related products.
4. The BBPL group’s turnover in the State is derived solely from BWL’s
sale of PVC-u profiles. BWL has no physical presence in Ireland – it
sells its PVC-u profiles products to National Profiles Limited, Mallow,
County Cork, which acts as a distribution agent for BWL in Ireland.
5. Of its business investment portfolio, 3i has an investment in one other
UK-based company, Indigo Products Ltd, which manufactures and
supplies products that appear substitutable for those of BBPL.
However, 3i confirms that Indigo Products Ltd does not make sales
into Ireland (3i also submits that it is incapable of exercising decisive
influence over Indigo Products Ltd, within the meaning of Section
16(2) of the Competition Act 2002, due to the size of its investment
shareholding). 3i further confirms that it does not control any other
businesses that manufacture or supply u-PVC products, similar to
those manufactured by BBPL.
6. There is no horizontal or vertical overlap in Ireland between the goods
and services manufactured and supplied by 3i, or any business that
Page 1 of 2

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT