WBB and Tarmac Central Ltd cancellation of merger reference

The Competition Commission has cancelled the reference concerning the proposed acquisition by Sibelco Minerals and Chemicals Ltd (trading as WBB) of the minerals and materials businesses of Tarmac Central Ltd.

The reference was made to the Commission on 14 August 2003 by the Office of Fair Trading under section 33 of the Enterprise Act 2002. The terms of reference required the Commission to examine:

1. whether arrangements were in progress or in contemplation which, if carried into effect, would result in the creation of a relevant merger situation; and
2. if so, whether the creation of that situation may be expected to result in a substantial lessening of competition in relation to the supply of silica flour in the United Kingdom.

The Commission has received assurances from WBB, Tarmac Central Ltd and its parent Tarmac Ltd that the proposed acquisition by WBB of the silica flour operations of Tarmac’s business has been abandoned and terminated. The Commission is accordingly satisfied that WBB has, within the terms of section 37(1) of the Enterprise Act 2002, abandoned the proposal to make arrangements of the kind mentioned in the reference. The Chairman of the Commission, Sir Derek Morris, has consequently cancelled the reference in accordance with his powers under Schedule 7 to the Competition Act 1998.

This cancellation is published in accordance with requirements laid down by sections 107(2)(a) and 107(4) of the Enterprise Act 2002.