Decision Nº M/04/050 from Competition and Consumer Protection Commission, 2004-10-08

• Jurisdiction: Ireland
• Court: Competition and Consumer Protection Commission (Ireland)
• Parties: Anglo American plc,Johnston Group plc
• Date: 08 October 2004
• Submitted Date: 08 September 2004
• Status: Preliminary investigation (Phase 1)
• Decision Date: 08 October 2004
• Decision Number: M/04/050

1

Determination No. M/04/050 of the Competition Authority, dated

8 October 2004, under Section 21 of the Competition Act, 2002

Notification No. M/04/050 – The proposed acquisition by Anglo

American plc of Johnston Group plc

Introduction

1. On 8 September 2004 date 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

Anglo American plc (“Anglo American”) would acquire control of

Johnston Group plc (“Johnston Group”) (“the proposed

acquisition”).

2. The Proposed acquisition is international and was also notified to

the UK, German, Austrian, Italian and Norwegian competition

authorities.

The Parties

3. Anglo American is a public company registered in the UK, with a

global presence. It has diversified operations in the mining and

natural resources industries, with subsidiaries and investments in

gold, platinum, diamonds, coal, metals, industrial minerals, and

paper & packaging products. A UK-based subsidiary of Anglo

American, Tarmac Ltd, already owns 24.9% of Johnston Group.

Tarmac Ltd manufactures and supplies a portfolio of “heavyside”

construction materials, including aggregates, asphalt, concrete and

concrete products, and cement.

4. Johnston Group is a public company registered in the UK, with two

main divisions. Its Engineering Division manufactures road

sweepers and litter collection vehicles, air hand dryers and

washroom equipment, and fire-fighting and rescue vehicles. Its

Construction Materials Division manufactures concrete products and

glass-reinforced plastic pipes (for use in drainage systems) and is

active in quarrying and manufacturing of aggregates and asphalt in

the West Midlands area of the UK.