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CC to investigate soft drinks merger

14 Feb 2013


The Competition Commission (CC) is to investigate the proposed acquisition by AG Barr plc (Barr) of Britvic plc (Britvic).


The Office of Fair Trading (OFT) has referred the case to the CC, which will decide whether the acquisition may be expected to result in a substantial lessening of competition in any market or markets for goods or services in the UK.

According to the OFT, Barr and Britvic are two of the three main players in the UK that offer a wide range of soft drink brands. The other is Coca-Cola Enterprises. Barr and Britvic supply a range of carbonated and non-carbonated soft drink brands: Barr’s brands include Orangina, KA and Rubicon as well as Irn-Bru, which has a particularly strong presence in Scotland. Britvic’s brands include Robinsons, Fruit Shoot, Tango and Pepsi.

The CC is expected to publish its final report by 30 July 2013.

The CC would like to hear from all interested parties, in writing, by no later than 1 March 2013.

To submit evidence, please email Barr-Britvic@cc.gsi.gov.uk or write to:

Inquiry Manager
Britvic/Barr merger
Competition Commission
Victoria House
Southampton Row
LONDON
WC1B 4AD

Notes for editors

1. The CC is an independent public body, which carries out investigations into mergers, markets and the regulated industries.

2. The Enterprise Act 2002 empowers the OFT to refer to the CC completed or proposed mergers for investigation and report which create or enhance a 25 per cent share of supply in the UK (or a substantial part thereof) or where the UK turnover associated with the enterprise being acquired is over £70 million.

3. The CC has a 24-week period in which it is required to publish its report, which may be extended by no more than eight weeks if it considers that there are special reasons why the report cannot be published within that period.

4. Further information on this inquiry, including the terms of reference and other key documents, as well as on the CC and its procedures, including its policy on the provision of information and the disclosure of evidence, can be obtained from the CC website at: www.competition-commission.org.uk.

5. Enquiries should be directed to Rory Taylor or Siobhan Allen or by ringing 020 7271 0242.