ORIGINAL 

UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

) 

In the Matter of ) 

) 

Ardagh Group S.A, a public limited liability ) 

company, ) 

) 

and ) 

) 

Saint-Gobain Containers, Inc., a corporation,) 

) 

Md ) 

) 

Compagnie de Saint-Gobain, a corporation. ) 

) 

Docket No. 9356 

PUBLIC 

GERRESHEIMER GLASS INC.'S MOTION FOR IN CAMERA 

TREATMENT OF THE DECLARATION OF NORMAN ANGEL 

Third party, Ger,reshdmer Glass Inc. ("Gerresheimer"), hereby moves for in camera 

treatment of certain information in the Complainant's proposed trial exhibit PX5030, pursuant to 

16 C.F.R. §3.45 and 16 C.F.R. § 4.10(g). 

In support of this motion, Gerresheimer provides its accompanying memorandum, and 

Declaration of Dr. Hartmut Schulz. 

WHEREFORE, Gerresheimer Glass Inc. respectfully requests that this Court grant in 

camera treatment to the documents designated in the attached memorandum. 

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Dated: January 16, 2014 Respectfully submitted, 

By: Is/ Joel Grosberg 

Joel Grosberg 

jgrosberg@mwe.com 

500 North Capitol St. NW 

Washington, D.C. 20001 

202.756.8207 (tele.) 

202.756.8087 (fax.) 

Attorney for Gerresheimer Glass, Inc. 

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I, Joel Grosberg, hereby certify that I served a true and correct copy of the foregoing 

Gerresheimer's Motion for In Camera Treatment, Public Version, upon the following individuals 

by Hand Delivery on January 16, 2014. 

Hon. D. Michael Chappell 

Chief Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania A venue, NW 

Room H110 

Washington, DC 20580 

DonaldS. Clark 

Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Room 172 

Washington, DC 20580 

I, Joel Grosberg, hereby certify that I served a true and correct copy of the foregoing 

Gerresheimer's Motion for In Camera Treatment, Public Version, upon the following individuals 

by electronic mail on January 16, 2014. 

Josh Goodman 

Attorney 

Bureau of Competition 

j goodmanrZZ{ftc.gov 

Edward Hassi 

Attorney 

Bureau of Competition 

ehassi@ftc.gov 

llM_US 4\IOh:Z'/M·I.0-11~'/~.0IJ/'J, 

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Is/ Joel Grosberg 

Joel Grosberg 

jgrosberg((V,mwe.com 

500 North Capitol St. NW 

Washington, D.C. 20001 

202.756.8207 (tele.) 

202.756.8087 (fax.) 

Attorney for Gerresheimer Glass, 

Inc. 
UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) 

Ardagh Group S.A, a public limited liability ) 

company, ) 

) 

and ) 

) 

Saint-Gobain Containers, Inc., a corporation,) 

) 

and ) 

) 

Compagnie de Saint-Gobain, a corporation. ) 

) _____________________________ ) 

Docket No. 9356 

PUBLIC 

GERRESHEIMER GLASS, INC.'S MEMORANDUM IN SUPPORT OF 

ITS MOTION FOR IN CAMERA TREATMENT OF TRIAL EXHIBIT 

Pursuant to Rule 3.45 and 4.10(g) of the Federal Trade Commission's Rules of 

Adjudicative Practice, Third Party Gerresheimer Glass, Inc. ("Gerresheimer") submits this 

Memorandum in Support of its Motion for In Camera Treatment for certain information in the 

Declaration of Norman Angel. 

I. Introduction 

Gerresheimer submitted the Declaration of Norman Angel ("Declaration") in connection 

with the Federal Trade Commission's ("FTC") investigation of the proposed acquisition of SaintGoban Containers, Inc. by Ardaugh Group S.A. The Declaration has been identified as PX5030 

by the FTC. See Appendix A (Letter from Goodman to Grosberg, Nov. 19,2013, Attachment A.) 

The Declaration contains confidential, competitively-sensitive information, which, if disclosed, 

would result in a clearly defined, serious injury to Gerresheimer. Accordingly, and pursuant to 

16 C.F.R. §3.45 and§ 4.10(g), Gerresheimer moves for an order granting in camera treatment of 

1 
certain information in the Declaration. The Declaration is attached as Appendix B. The 

information for which Gerresheimer requests in camera treatment is identified in bold, 

surrounded by brackets. 

II. The Clearly Defined, Serious Injury Standard 

An applicant seeking in camera protection for material offered into evidence may receive 

in camera treatment when "its public disclosure will likely result in a clearly defined, serious 

injury." 16 C.F.R. § 3.45(b). An applicant can meet that standard by establishing that the 

evidence is "sufficiently secret and sufficiently material to the applicant's business that 

disclosure would result in serious competitive injury." In re Basic Research, LLC, 2006 FTC 

LEXIS 14, at *4-5 (Jan. 25, 2006); see also, In the Matter of General Foods Corp., 1980 FTC 

LEXIS 99, at *9 (March 10, 1980) ("[S]uch serious injury requires that the information in 

question is secret and material to the applicant's business.") (internal citation omitted). In 

making this determination, administrative courts review six factors to determine secrecy and 

materiality: (1) the extent to which the information is known outside of the business; (2) the 

extent to which it is known by employees and others involved in the business; (3) the extent of 

measures taken to guard the secrecy of the information; (4) the value of the information to the 

company and to its competitors; (5) the amount of effort or money expended by the company in 

developing the information; (6) the ease or difficulty with which the information could be 

properly acquired or duplicated by others. See In the Matter of Bristol-Myers Co., 1977 FTC 

LEXIS 25, at *5-6 (Nov. 11, 1977); see also, In the Matter of Dura Lube Corp., 1999 FTC 

LEXIS 255, at *6-7 (Dec. 23, 1999). Documents that meet this stanrlarrl have inclHrlerl recent 

financial audits, business strategy documents aml financial aml cost uala. See In the Mutter u.f 

Evanston Northwestern Healthcare Corp., 2005 FTC LEXIS 27, at *6 (Feb. 9, 2005); see also, 

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In the Matter of SKF Indus., Inc., 1977 FTC LEXIS 86, at *3 (Oct. 4, 1977). Gerresheimer is 

seeking in camera treatment of the same type of information. 

III. Disclosure of Certain, Limited Information in the Declaration Meets the Serious 

Injury Standard 

Gerresheimer requests that information concerning its revenues and units sold for 2012 in 

the Declaration be given in camera treatment. Gerresheimer also requests in camera treatment 

for prospective business strategy information. None of this information is known to the public or 

generally outside Gerresheimer at this point in time. Appendix C (Declaration of Dr. Hartmut 

Schulz, at 'J[ 5, 9). Gerresheimer has no plans to makes this information available to the public 

prior to the trial scheduled for this case. /d. Furthermore, the AU may infer, "without a specific 

showing of how a competitor would use it, that disclosure of allegedly sensitive information 

would seriously affect the firm's commercial position. Underlying this analysis is a general 

concern for the seriousness of injury to a firm's commercial or competitive position." In the 

Matter of E./. Dupont de Nemours & Co., 97 F.T.C. 116, at *3 (Jan. 21, 1981). The Court has 

recognized that the public disclosure of financial information may harm a party. See In the 

Matter of SKF Indus., Inc., 1977 FTC LEXIS at *3. 

The materials at issue here pose a strong likelihood of harming Gerresheimer' s 

competitive position if disclosed to the public. First, these documents are not a matter of public 

record and have not been disclosed in any public context. App. Cat 'J[ 5. Second, the 

confidential information in the Declaration is not generally known to all employees within 

Gerresheimer. Gerresheimer limits current financial and business strategy data to those within 

the Gerresheimer Group with specific need for the information, such as the accounting 

department for financial data, and high-level executives for business strategy information. /d. at 

~[ 6, 9; see In the Matter ofPolypore Int'l, Inc., 2009 FTC LEXIS 124, at *3-4 (June 4, 2009). 

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Third, Gerresheimer has carefully guarded the secrecy of this information. Gerresheimer 

provided this information upon request to the FTC, but otherwise it does not share or disclose the 

confidential information identified in the Declaration with the public, competitors or customers. 

App. Cat <JI 12. Fourth, competitors, such as Saint-Goban's and Ardaugh, would benefit from 

gaining access to this information. The materials reflect Gerresheimer's business strategy, future 

plans, and current financial status, all of which are competitively sensitive and might enable 

competitors to determine an accurate model of Gerresheimer' s current business. App. C. at <JI 4, 

8; see In the Matter of E./. Dupont de Nemours & Co., 97 F.T.C. at *5. Fifth, Gerresheimer has 

expended money and effort in compiling and maintaining the confidentiality of its financial and 

business information. App. Cat <JI 7. It has also spent significant money and effort determining 

its business strategy in order to best position the company in the industry and among its 

competitors. App. C at <JI 10; see In the Matter of E./. Dupont de Nemours & Co., 97 F.T.C. at 

*5. Finally, it would be difficult for another party to acquire the information found in the 

Declaration because it is not disclosed to the public and requires access to documents and 

information internal to Gerresheimer. App. C at <JI 11. 

IV. Expiration Date 

Gerresheimer seeks temporary in camera treatment of the confidential information 

identified in the Declaration. Gerresheimer seeks temporary treatment for a period of three 

years. Administrative courts grant in camera treatment for business records for a period of two 

to five years. See in the Matter of Evanston Northwestern Healthcare Corp., 2005 F.T.C. 

LEXIS at ~·2; In the Matter of E.l. Dupont de Nemours & Co., 97 F.T.C. LEXIS at 118 (granting 

financial data in camera treatment for three years). Three years is necessary to protect current 

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business records with competitively sensitive information and information that contains 

projections or forecasts impacting future plans and initiatives. 

V. Conclusion 

Pursuant to 16 C.F.R. §3.45 and§ 4.10(g), Gerresheimer respectfully moves for in 

camera treatment of confidential information identified in the Declaration of Normal Angel 

attached in Appendix B. 

Dated: January 16, 2014 Respectfully submitted, 

By: Is/ Joel Grosberg 

Joel Grosberg 

j grosberg@ mwe.com 

500 North Capitol St. NW 

Washington, D.C. 20001 

202.756.8207 (tele.) 

202.756.8087 (fax.) 

Attorney for Gerresheimer Glass, Inc. 

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I, Joel Grosberg, hereby certify that I served a true and correct copy of the foregoing 

Gerresheimer' s Memorandum in Support of its Motion for In Camera Treatment, Public 

Version, upon the following individuals by Hand Delivery on January 16, 2014. 

Hon. D. Michael Chappell 

Chief Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

RoomH110 

Washington, DC 20580 

DonaldS. Clark 

Secretary 

Federal Trade Commission 

600 Pennsylvania A venue, NW 

Room 172 

Washington, DC 20580 

I, Joel Grosberg, hereby certify that I served a true and correct copy of the foregoing 

Gerresheimer' s Memorandum in Support of its Motion for In Camera Treatment, Public 

Version, upon the following individuals by electronic mail on January 16, 2014. 

Josh Goodman 

Attorney 

Bureau of Competition 

jgoodman@ftc.gov 

Edward Hassi 

Attorney 

Bureau of Competition 

ehassi@ ftc. gov 

- 1 -

Is/ Joel Grosberg 

Joel Gros berg 

jgrosberg@mwe.com 

500 North Capitol St. NW 

Washington, D.C. 20001 

202.756.8207 (tele.) 

202.756.8087 (fax.) 

Attorney for Gerresheimer Glass, 

Inc. 
UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) 

Ardagh Group S.A, a public limited liability ) 

company, ) 

) 

and ) 

) 

Saint-Gobain Containers, Inc., a corporation, ) 

) 

and ) 

) 

Compagnie de Saint-Gobain, a corporation. ) 

) 

Docket No. 9356 

PUBLIC 

[PROPOSED] ORDER GRANTING GERRESHEIMER GLASS INC.'S MOTION FOR 

IN CAMERA TREATMENT OF THE DECLARATION OF NORMAN ANGEL 

Upon consideration of Third Party, Gerresheimer Glass, Inc.'s Motion for In Camera Treatment 

of the Declaration ofNorman Angel (PX5030), it is hereby ordered that the Motion is 

GRANTED and in camera treatment will be given to the information requested for a period of 

three years. 

Dated: January_, 2014. 

The Honorable D. Michael Chappell 

Chief Administrative Law Judge 
APPENDIX A 
UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 

BUREAU OF COMPETITION 

MERGERS II DIVISION 

Josh Goodman 

Bureau of Competition 

Federal Trade Commission 

601 New Jersey Ave, N.W. 

Washington, DC 20001 

(202) 326-3665 

jgoodman@FTC.gov 

Via Federal Express 

Gerresheimer Glass, Inc. 

c/o Joel R. Grosberg, Esq. 

McDermott Will & Emery LLP 

500 North Capitol Street, NW 

Washington, DC 20001 

November 19,2013 

RE: In the Matter of Ardagh Group S.A., and SaintGobain Containers, Inc., and Compagnie de Saint 

Gobain, Docket No. 9356 

Dear Mr. Grosberg: 

By this letter we are providing formal notice, pursuant to Rule 3.45(b) of the 

Commission's Rules of Practice, 16 C.F.R. § 3.45(b), that Complaint Counsel intends to offer the 

documents referenced in the enclosed Attachment A into evidence in the administrative trial in 

the above-captioned matter. 

The administrative trial is scheduled to begin on December 19, 2013. All exhibits 

admitted into evidence become part of the public record unless Administrative Law Judge D. 

Michael Chappell granls in c.:amera status. 

For documents that include sensitive or confidential information that you do not want on 

the public record, you must file a motion seeking in camera status or other confidentiality 

protections pursuant to 16 C.F.R §§ 3.45 and 4.10(g). Judge Chappell may order that materials, 

whether admitted or rejected as evidencet be placed in camera only after finding that their public 
disclosure will likely result in a clearly-defined, serious injury to the person, partnership, or 

corporation requesting in camera treatment. · 

Motions for in camera treatment for evidence to be introduced at trial must meet the strict 

standards set forth in 16 C,F.R. § 3.45 and explained in In re Dura Lube Corp., 1999 FTC 

LEXIS 255 (Dec. 23, 1999); In re Hoechst Marion Roussel, Inc., 2000 FTC LEXIS 157 (Nov. 

22, 2000); and In re Basic Research, Inc., 2006 FTC LEXIS 14 (Jan. 25, 2006). Motions also 

must be supported by a declaration or affidavit by a person qualified to explain the confidential 

nature of the material. In re North Texas Specialty Physicians, 2004 FTC LEXIS 66 (April23, 

2004). 

Please be aware that under the current scheduling order, the deadline for filing motions 

seeking in camera status is November 26,2013. 

If you have any questions, please feel free to contact me at (202) 326•3665. 

Sincerely, 

~~ Josh Goodman 

Counsel Supporting the Complaint 

Attachments 
6/25/2013 N/A 

CONFIDENTIAL 

ATTACHMENT A 

N/A 

1 

Declaration: Norman Angel (Gerresheimer Glass, 

Inc.) 

FTC Docket No. 9356 
APPENDIXB 

(REDACTED) 
APPENDIXC 
UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) 

Ardagh Group S.A, a public limited liability ) 

company, ) 

) 

~d ) 

) 

Saint-Gobain Containers, Inc., a corporation, ) 

) 

~d ) 

) 

Compagnie de Saint-Gobain, a corporation. ) 

) 

Docket No. 9356 

PUBLIC 

DECLARATION OF DR. HARTMUT SCHULZ IN SUPPORT OF GERRESHEIMER 

GLASS INC.'S MOTION FOR IN CAMERA TREATMENT OF A TRIAL EXHIDIT 

I, Dr. Hartmut Schulz declare as follows: 

1. I provide this declaration, pursu~t to Federal Trade Commission Rules of Practice 

for Adjudicative Proceedings §3 .45 and $4.1 O(g), in support of Gerresheimer Glass 

Inc.'s ("Gerresheimer") Motion for In Camera Treatment of Petitioner's Trial Exhibit 

PX5030. 

2. I have been employed as the General Counsel for Gerresheimer's ultimate parent 

company, Gerresheimer AG, Germany, since 2002 and had acted as General Counsel 

for ~other Germ~ corporation since 1993. In my role at Gerresheimer, I have 

personal knowledge regarding the matters set forth in this declaration. Specifically, I 

am familiar with the Declaration of Norman Angel ("Declaration") and the level of 

confidentiality associated with the subject matter(s) contained therein. 

3. I have reviewed the Declaration for which Gerresheimer makes its motion for in 

camera treatment, ~d have determined that public disclosure of the particular 

information identified in bold surrounded by brackets would cause a clearly defined, 

serious competitive injury to Gerresheimer. 

4. Specifically, public disclosure of the 2012 revenue and 2012 units sold identified in 

paragraph six of the Declaration would give competitors insight or competitive 

advantage if they gained access to this information. 

5. The 2012 revenue and 2012 units sold are not available to the public at tllis time and 

Gerresheimer has no plans to make this infom1ation available to the public. 
6. The 2012 revenue and 2012 units sold are only available to a limited set of individuals 

or groups within the Gerresheirner Group with a specific need for this information. 

7. Gerresheimer has spent time and effort to compile and maintain the confidentiality of 

the 2012 revenue and 2012 units sold. 

8. Public disclosure of the business strategy information identified in paragraph nine 

would also give competitors insight or competitive advantage if they gained access to 

this infonnation. 

9. The business strategy identified in paragraph nine is only available to limited 

individuals or groups within the Gerresheimer Group with a specific need for this 

infonnation. 

10. Gerresheimer has spent time and effort to develop its business strategy identified in 

paragraph nine and maintain its confidentiality. 

11. Without access to certain internal Gerresheirner documents and systems, such as its 

accounting system, plant management system, or Director and Officer presentations 

and meeting minutes, another party could not find or replicate the information 

disclosed in paragraphs six and nine of the Declaration. 

12. Gerresheimer provided the information in paragraph six and nine of the Declaration at 

the request of the FTC staff. Gerresheimer would not otherwise disclose this type of 

confidential information. 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is 

true and correct. 

Dated: Januaryl~,2014 

Dr. Hartmut Schulz 

OM_ US 4906S7SS·l.041272.0072 

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