Alberta Investment Management / Aqueduct Capital (UK) Ltd / Sutton & East Surrey Water Ltd

OFT closed case: Completed acquisition by Alberta Investment Management of a 12.5% shareholding in Aqueduct Capital (UK) Limited (including its wholly-owned subsidiary, Sutton & East Surrey Water Limited)

Affected market: Water

No. ME/2549/06

The transaction was completed on 16 May 2006. Alberta Investment Management notified the transaction on 21 July 2006. The statutory deadline expires on 15 September 2006. 

On the basis of the information available to it, the Office of Fair Trading does not believe that the completed acquisition by Alberta Investment Management of a 12.5% shareholding in Aqueduct Capital (UK) Limited (including its wholly-owned subsidiary, Sutton & East Surrey Water Limited) gives rise to a relevant merger situation for the purposes of the Enterprise Act 2002 (the Act) because this acquisition does not confer on Alberta Investment Management control over Aqueduct Capital (UK) Limited and therefore these two enterprises have not ceased to be distinct.

A reference to the Competition Commission under the Water Industries Act 1991 is therefore not triggered because the OFT does not believe that it is or may be the case that the competed acquisition has resulted in the merger of any two or more water enterprises.

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