IntercontinenalExchange Inc (ICE) notified the above transaction to
the OFT by way of a Merger Notice on 21 May 2010. The 20-day
statutory deadline expires on 21 June 2010.
On the basis of the information available to it, the OFT has decided
that the anticipated acquisition of Climate Exchange plc by
IntercontinentalExchange Inc does not qualify for investigation
under the mergers provisions of the Enterprise Act 2002 (the Act),
because neither the UK turnover test nor the share of supply test in
section 23 of the Act is met. A relevant merger situation has,
therefore, not been created.