Affected market: Water supply
The OFT’s decision on reference under section 22 given on 19 April 2005
On the basis of the information available to it, the Office of Fair
Trading has decided that the completed acquisition by Utilities Trust of
Australia and Hastings Diversified Utilities Fund of Swan Group 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.
A mandatory reference under the Water Industry Act 1991 is not triggered
as only one water enterprise is involved in this transaction.