BTSM Bss Grp.

 

TIDMTPK TIDMBTSM 
 
RNS Number : 7779X 
Office of Fair Trading 
10 December 2010 
 

 
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| 135/10                              |      10 December 2010 | 
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|  TRAVIS PERKINS/BSS: OFT ACCEPTS UNDERTAKINGS FROM TRAVIS   | 
|                          PERKINS                            | 
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The OFT has today accepted undertakings from Travis Perkins PLC to sell Plumbing 
Trade Supplies or City Plumbing Supplies stores in 20 local areas across the UK 
to resolve competition concerns raised by its merger with the BSS Group PLC. 
During its investigation into the merger, the OFT concluded that it could not 
dismiss competition concerns in the 20 local areas, and as a result, Travis 
Perkins offered to make divestments in order to avoid a reference to the 
Competition Commission. 
The public consultation on the proposed undertakings did not lead the OFT to 
conclude that modifications are required to them. The OFT believes that the 
proposed undertakings are appropriate to remedy the competition concerns 
identified in its decision of 26 October 2010 and has therefore accepted them. 
Amelia Fletcher, Senior Director of Mergers for the OFT, said: 
'After a careful investigation, we concluded that this transaction raised 
competition concerns in 20 local areas. The remedies that we have accepted 
today, once fully implemented, should retain competition at the level that 
existed pre-merger, thereby protecting consumers in those local areas.' 
NOTES 
1.   The reference test - the OFT has a duty to make a reference to the 
Competition Commission if it 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, and the creation of 
that situation may be expected to result in a substantial lessening of 
competition within any market or markets in the United Kingdom for goods or 
services. 
2.  Under the Enterprise Act 2002 a relevant merger situation is created if two 
or more enterprises have ceased to be distinct enterprises; and the value of the 
turnover in the United Kingdom of the enterprise being taken over exceeds GBP70 
million; or as a result of the transaction, in relation to the supply of goods 
or services of any description, a 25 per cent share of supply in the UK (or a 
substantial part thereof) is created or enhanced. 
3. Undertakings in lieu of reference - under section 73 of the Enterprise Act 
2002 the OFT may, instead of making a reference to the Competition Commission, 
and for the purpose of remedying, mitigating or preventing the substantial 
lessening of competition concerned, or any adverse effect which may be expected 
to result from it, accept from such of the parties concerned as it considers 
appropriate undertakings to take such action as it considers appropriate. The 
OFT is required to consult publicly before accepting any such undertakings. 
4.   The full text of this decision and a copy of the agreed undertakings will 
appear in the mergers section of this website at a later date. 
 MEDIA enquiries: 020 7211+ 
Frank Shepherd            8133                         Kasia Reardon 
8901 
Jonathan Marciano       8898                         Pritie Bilmoria 
 8708 
Out of hours: mobile: 07774 134814            messages: 020 7211 8961 
Copies of press notices: Ext. 8993 
http://www.oft.gov.uk 
 
PUBLIC enquiries: 0845 7224499      enquiries@oft.gov.uk 
OFT reports and consumer information leaflets are available free from: 
OFT, PO Box 366, Hayes UB3 1XB   0870 6060321 oft@eclogistics.co.uk 
 
 
 
This information is provided by RNS 
            The company news service from the London Stock Exchange 
   END 
 
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