Affected market: Water
The transaction was completed on 7 April 2006. Caisse de dépôt et
placement du Québec notified the transaction on 21 July 2006. The
extended statutory deadline expires on 4 September 2006.
On the basis of the information available to it, the Office of Fair
Trading has decided that the completed acquisition by Caisse de dépôt et
placement du Québec of a 25.1% shareholding in Aqueduct Capital (UK)
Limited (including its wholly-owned subsidiary, Sutton & East Surrey
Water Limited) does not trigger a reference to the Competition
Commission under the Water Industries Act1991 because the OFT does not
believe that it is or may be the case that Caisse de dépôt et placement
du Québec has control over two water enterprises.
The OFT also considered whether a relevant merger situation had been
created for the purposes of its duty under section 22 of the Enterprise
Act 2002 (the Act) and in this respect, does not believe that it is or
may be the case that a relevant merger situation has been created
because neither the UK turnover test nor the share of supply test in
section 23 of the Act is met.