In the Matter of 

Ardagh Group S.A., 

ORIGINAL 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

PUBLIC 

PUBLIC 

a public limited liability company, and DOCKET NO. 9356 

Compagnie de Saint-Gobain, a corporation, 

and 

Saint-Gobain Containers, Inc., 

a corporation. 

RESPONSES AND OBJECTIONS OF RESPONDENTS COMPAGNIE DE SAINTGOBAIN AND SAINT -GOBAIN CONTAINERS, INC. TO COMPLAINT COUNSEL'S 

REQUESTS FOR ADMISSIONS 

Pursuant to the Federal Trade Commission's Rules of Practice, 16 C.F.R. § 3.32, 

Respondents Compagnie de Saint-Gobain and Saint-Gobain Containers, Inc. (together, "SaintGobain") hereby object and respond to Complaint Counsel's Requests for Admissions dated 

September 6,2013 (the "Requests"). 

Saint-Gobain has not yet completed discovery in this action and has not yet 

completed preparation for any hearings or trial. Accordingly, Saint-Gobain reserves the right to 

supplement, revise, correct, add to or clarify the objections, answers or responses set forth 

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herein. These responses are made without prejudice to, and are not a waiver of, Saint-Gobain's 

right to rely on other facts or documents at trial. In making these responses, Saint-Gobain 

expressly reserves its right to assert any and all objections as to the admissibility of such 

-responses -into evidence inthis-action, or inany-other proceedings. Saint-Gobain makestlie-se HH 

responses and objections .without, in any way, implying that it considers the Requests, or 

responses and objections thereto, to be relevant or material to the subject matter of this action. 

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PUBLIC 

Saint-Gobain reserves the right to object on any grounds whatsoever at any time to any demand 

for further responses to any Request or to any other discovery procedures involving or relating to 

the subject matter of any Request. 

GENERAL OBJECTIONS AND OBJECTIONS 

TO DEFINITIONS AND INSTRUCTIONS 

The following general objections and objections to Definitions and Instructions 

(the "General Objections") are incorporated by reference into Saint-Gobain's response to each of 

the Requests, as if set forth fully therein. 

1. Saint-Gobain objects generally to the Requests, including the Defmitions and 

Instructions set forth therein, to the extent they seek to impose requirements that are in addition 

to or different from those set forth in the Code of Federal Regulations or other applicable law. 

Saint-Gobain shall construe and respond to the Requests in a manner consistent with the Code of 

Federal Regulations or other applicable law, and not otherwise. 

2. Saint-Gobain objects generally to the Requests, including the Definitions and 

Instructions set forth therein, to the extent that they seek information that is not within SaintGobain's possession, custody, control, or knowledge, or is not obtainable through reasonable 

inquiry and good faith effort. 

3. Saint-Gobain objects generally to the Requests, including the Definitions and 

Instructions set forth therein, to the extent that they require identification and disclosure of 

information protected by the attorney-client privilege, the work product doctrine, the joint 

defense or common interest privileges, or any other applicable privilege or protection. 

4. Saint-Gobain obj~~~~_generally to the Requests, including the Definitions and 

Instructions set forth therein, to the extent they seek information that is publicly available, in the 

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possession, custody or control of Complaint Counselor any third person or entity, or is equally 

accessible by Complaint Counsel. 

5. Saint-Gobain objects generally to the Requests, including the Definitions and 

Instructions set forth therein, to the extent that they are argumentative or call for legal 

conclusions. Saint-Gobain's responses herein do not provide, and shall not be construed as 

providing, a legal conclusion or admission concerning any of the terms used in the Requests. 

6. Saint-Gobain objects generally to the Requests, including th~ Definitions and 

Instructions set forth therein, to the extent they are vague and ambiguous, overly broad, unduly 

burdensome, lacking in particularity, unreasonable or seek the discovery of information that is 

neither relevant to the claims or defenses of any party to this action nor reasonably calculated to 

lead to the discovery of admissible evidence, as well as to the extent that they are unduly 

burdensome because they impose a significant expense and inconvenience on Saint-Gobain. 

7. Saint-Gobain objects generally to the Requests, including the Instructions set 

forth therein, on the grounds that they are overly broad, unduly burdensome, lacking in 

particularity, unreasonable or seek the discovery of information that is neither relevant to the 

claims or defenses of any party to this action nor reasonably calculated to lead to the discovery 

of admissible evidence, to the extent they purport to seek information outside of the time period 

specified in Instruction 1 of the Request for Additional Information and Documentary Materials 

issued to Saint-Gobain by the Commission on February 25, 2013 (the "Second Request") as 

modified by the April 15, 2013 letter from Monica M. Castillo to Veena Viswanatha. 

8. Saint-Gobain objects generally to the Requests, including the Definitions and 

~ ~ .. ,--- ---_. . ......... -.--

Instructions set forth therein, to the extent that they contain any explicit or implicit 

characterization of facts, events, circumstances, or issues. Any response to a Request is not 

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intended to provide, and shall not constitute or be construed as providing, an admission that any 

explicit or implicit characterization of facts, events, circumstances, or issues in the Requests are 

accurate. 

9. Saint-Gobain objects generally to the Requests, including the Defmitions and 

Instructions set forth therein, to the extent they seek infonnation that is cumulative or 

duplicative. 

10. Saint-Gobain objects generally to the Requests, including the Definitions and 

Instructions set forth therein, and in particular the defmitions of "Compagnie de Saint-Gobain", 

"the Company", "you" and "your", and to any defmition or Request that incorporates those 

definitions, to the extent that they incorporate entities that are not a party to this action or 

defendants that are not affiliated with Compagnie de Saint-Gobain or Saint-Gobain Containers, 

Inc. Saint-Gobain further objects to those defmitions to the extent that they are overly broad, 

vague, ambiguous, susceptible to multiple interpretations, or otherwise seek information that is 

not relevant to the issues in this action or calculated to lead to the discovery of admissible 

evidence. Saint-Gobain shall construe the terms "the Company", "you" and "your" to refer only 

to Compagnie de Saint-Gobain and Saint-Gobain Containers, Inc. 

RESPONSES AND OBJECTIONS TO SPECIFIC REQUESTS FOR ADMISSIONS 

Request 1 

Admit that all of the top 25 U.S. craft brewers (based on 2012 beer sales volume) 

package their beer in glass containers. 

Response to Request 1 

In addition to the General Objections, Saint-Gobain objects to Request 1 on the 

grounds that the Request seeks infonnation that is not within Saint-Gobain's possession, custody 

or control or knowledge. Saint-Gobain further objects to the Request to the extent that it implies 

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that the 25 U.S. craft brewers with the highest beer sales volwne in 2012 do not package their 

beer in alwninum cans, and to the extent that the Request implies that glass beer containers in the 

United States constitutes a relevant market. 

Request 2 

Admit that, in 2006, less than_ of the gross output, measured by unit sales, 

from the Company's plant in Lincoln, IL was spirits bottles. 

Response to Request 2 

In addition to the General Objections, Saint-Gobain objects to the Request on the 

grounds that the term "spirits bottles" is vague and ambiguous, overly broad and lacking in 

particularity. 

Subject to and without waiving these objections, Saint-Gobain admits that in 

2006, less than_ of the gross output, measured by unit sales, from Saint-Gobain's plant in 

Lincoln, IL was spirits glass bottles. 

Request 3 

Admit that, in 2007, less than_ of the gross output, measured by unit sales, 

from the Company's plant in Lincoln, IL was spirits bottles. 

Response to Request 3 

In addition to the General Objections, Saint-Gobain objects to Request 3 on the 

grounds that the term "spirits bottles" is vague and ambiguous, overly broad and lacking in 

particularity. 

Subject to and without waiving these objections, Saint-Gobain admits that in 

2007, less than_ of the gross output, measured by unit sales, from Saint-Gobain's plant in 

Linco1n,.lL 'WaS spirits glass bottles. 

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Request 4 

Admit that the COlmp:any 

directly or through a distributor, 

Sapulpa, Oklahoma in 2012. 

Response to Request 4 

PUBLIC 

thrl[)uJlm an informal or formal bid), either 

from the Company's plant in 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2012 Saint-Gobain bid to supply (through an informal or formal bid), either directly or 

through a distributor, 

Gobain's plant in Sapulpa, Oklahoma. 

RequestS 

Admit that the COlmp:any 

directly or through a distributor, 

Burlington, Wisconsin in 2011. 

Response to Request S 

with certain volumes of products from Saint-

,,"nnl1" tnrl[)m;!.n an informal or formal bid), either 

from the Company's plant in 

Subject to and without waiving the General Objections, Saint-Gobain denies that 

in 2011, Saint-Gobain bid to supply (through an informal or fonnal bid), either directly or 

through a distributor, from Saint-Gobain's plant in Burlington, 

Wisconsin. 

Request 6 

Admit that craft beer bottles and mass beer bottles can be manufactured in the 

same plant. 

Response to Request 6 

In addition to the General Objections, Saint-Gobain objects to Request 6 on the 

grounds thatthe terms "bottles" and ''the same plant" are vague and ambiguous, overly broad 

aDd lacking in particularity. 

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PUBLIC 

Subject to and without waiving these objections, Saint-Gobain admits that certain 

craft beer glass bottles and certain mass beer glass bottles can be manufactured in the same glass 

manufacturing plant. 

Request 7 

Admit that craft beer bottles and mass beer bottles can be manufactured using the 

same furnace and same individual setting machine. 

Response to Request 7 

In addition to the General Objections, Saint-Gobain objects to Request 7 on the 

grounds that the term "bottles" is vague and ambiguous, overly broad and lacking in 

particularity. 

Subject to and without waiving these objections, Saint-Gobain admits that certain 

craft beer glass bottles and certain mass beer glass bottles can be manufactured using the same 

furnace and same individual setting machine. 

Request 8 

Admit that the Company bid to supply (through an informal or formal bid) 

in 2009. 

Response to Request 8 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2009, Saint-Gobain bid to supply (through an informal or formal bid) certain 

_ bottling facilities with certain volumes of certain products. 

Request 9 

Admit that the Company bid to supply (through an informal or formal bid) 

in 2012. 

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PUBLIC 

Response to Request 9 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2012, Saint-Gobain bid to supply (through an infonnal or fonnal bid) 

with certain volumes of certain products. 

Request 10 

Admit that the Company bid to supply (through an infonnal or fonnal bid) 

in 2013. 

Response to Request 10 

SUbject to and without waiving the General Objections, Saint-Gobain admits that 

in 2013, Saint-Gobain bid to supply (through an infonnal or fonnal bid) certain of_ 

bottling facilities with certain volumes of certain products. 

Request 11 

Admit that the COlmp:any ITn,rr"H"Yn an infonnal or fonnal bid), either 

directly or through a distributor, in 2012. 

Response to Request 11 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2012, Saint-Gobain bid to supply (through an infonnal or fonnal bid), either directly or 

through a distributor, certain bottling facilities with certain 

volumes of certain products. 

Request 12 

Admit that the Co~ough an infonnal or fonnal bid), either 

directly or through a distributor,_ in 2013. 

Response to Request 12 

Subject to arid without waiving the General Objections, Saint-Gobain adIriits tbat--

in 2013, Saint-Gobain bid to supply (through an infonnal or fonnal bid), either directly or 

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PUBLIC 

through a distributor: certain bottling facilities with certain 

volumes of certain products. 

Request 13 

Admit that the Co~o supply (through an informal or formal bid), either 

directly or through a distributor, _ in 2010. 

Response to Request 13 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2010, Saint-Gobain bid to supply (through an informal or formal bid), either directly or 

through a distributor, certain 

products. 

Request 14 

Admit that the 

directly or through a distributor, 

Response to Request 14 

bottling facilities with certain volumes of certain 

If-h?'",uyh an informal or formal bid), either 

in 2012. 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2012, Saint-Gobain bid to supply (through an informal or formal bid), either directly or 

through a distributor, certain 

volumes of certain products. 

Request 15 

Admit that the COlmplmy 

directly or through a distributor, 

Response to Request 15 

bottling facilities with certain 

an informal or formal bid), either 

in 2012. 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2012,'Saint-Gobam bid to supply (thfougb an infoimai or formal bid), either directly or 

through a distributor, Heaven Hill Distilleries, Inc. with certain volumes of certain products. 

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PUBLIC 

Request 16 

Admit that the COlnplmy an informal or formal bid), either 

directly or through a distributor, in 2012. 

Response to Request 16 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2012, Saint-Gobain bid to supply (through an informal or formal bid), either directly or 

through a distributor, certain bottling facilities with 

certain volumes of certain products. 

Request 17 

Admit that the Co~ (through an informal or formal bid), either 

directly or through a distributor, _ in 2009. 

Response to Request 17 

Subject to and without waiving the General Objections, Saint-Gobain admits that 

in 2009, Saint-Gobain bid to supply (through an informal or formal bid), either directly or 

through a distributor, certain bottling facilities with certain volumes of 

certain products. 

Request 18 

Admit that the capital investment needed to construct a new glass container 

manufacturing facility in the U.S. is at least $150-$200 million. 

Response to Request 18 

In addition to the General Objections, Saint-Gobain objects to Request 18 on the 

grounds that the terms "capital investment" and "a new glass container manufacturing facility" 

are vague and ambiguous, overly broad and lacking in particularity. 

Subject to and without waiving the General Objections, Saint-Gobain denies that 

a new glass container manufacturing plant in the U.S. costs at least $150-200 million to 

construct, and further states that the cost of constructing a new glass manufacturing plant in the 

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u.s. depends on a number of factors, including the number oftanks and the number of glass 

forming machines within that plant. 

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September 16, 2013 

., I 

PUBLIC 

CRA VA TH, SWAINE & MOORE LLP, 

By 

Sandra C. Goldstein 

Yonatan Even 

Members of the Firm 

Attorney for Defendants 

Worldwide Plaza 

825 Eighth Avenue 

New York, NY 10019 

(212) 474-1000 

yeven@cravath.com 

Counsel for Respondents Compagnie de SaintGobain and Saint-Gobain Containers, Inc. 

-----_ ..... - _._.-

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CERTIFICATION 

I, David W. Knight, declare as follows: 

PUBLIC 

1. I am Senior Vice President, General Counsel & Secretary at Saint-Gobain 

Containers, Inc. and I have been authorized to make this verification on behalf of SaintGobain Containers, Inc. and Compagnie de Saint-Gobain. 

2. I have read the foregoing document entitled Responses and Objections of 

Respondents Compagnie de Saint-Gobain and Saint-Gobain Containers, Inc. to 

Complaint Counsel's Requests for Admissions and know the contents thereof. 

3. I am informed and believe that the information contained therein is 

accurate and true. 

I declare under penalty ofperjury pursuant to 28 U.S.C. § 1746 that the foregoing is true 

and correct. 

Executed on September 16,2013 

David W. Knight 

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with: 

PUBLIC 

CERTIFICATE OF SERVICE 

I certify that I filed by hand an original, two copies and a CD of the foregoing document 

Donald S. Clark 

Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-113 

Washington, DC 20580 

I also certify that I delivered by hand a copy of the foregoing document to: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

I further certify that I delivered via electronic mail a copy of the foregoing document to: 

Edward Hassi 

Federal Trade Commission 

Bureau of Competition 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

(202) 326-2470 

ehassi@ftc.gov 

Counsel for Complaint Counsel Federal Trade Commission 

Alan Goudiss 

Dale Collins 

Richard Schwed 

Lisl Dunlop 

Shearman & Sterling LLP 

599 Lexington Avenue 

New York, NY 10022 

(202) 848-4906 

agoudiss@shearman.com 

wcollins@shearman.com 

rschwed@shearman.com 

IdUlllop@shearm"",an"".=co"",m~ ___ -----:-______ _ 

Counsel for Respondent Ardagh Group SA 

September 16,2013 

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PUBLIC 

CRAVATH, SWAINE & MOORE LLP, 

By 

Attorney fo D dants 

Worldwide Plaza 

825 Eighth Avenue 

New York, NY 10019 

(212) 474-1000 

acheng@cravath.com 

Counsel for Respondents Compagnie de SaintGobain and Saint-Gobain Containers, Inc. 

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OR\G\NAL 

UNITED STATES OF AMERICA' 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

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, 

Respondents. 

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DOCKET NO. 9356 

PROTECTIVE ORDER GOVERNING DISCOVERY MATERIAL 

Commission Rule 3.31(d) states: "In order to protect the parties and third parties 

against improper use and disclosure of confidential information, the Administrative Law 

Judge shall issue a protective order as set forth in the appendix to this section." 16 C.F.R. 

§ 3.31(d). Pursuant to Commission Rule 3.31 (d). the protective order set forth in the 

appendix to that section is attached verbatim as Attachment A and is hereby issued. 

ORDERED: 

Date: July 1, 2013 
ATTACHMENT A 

For the purpose of protecting the interests of the parties and third parties in the 

above-captioned matter against improper use and disclosure of confidential information 

submitted or produced in connection with this matter: 

IT IS HEREBY ORDERED THAT this Protective Order Governing 

Confidential Material ("Protective Order") shall govern the handling of all Discovery 

Material, as hereafter defined. 

1. As used in this Order, "confidential material" shall refer to any document or portion 

thereof that contains privileged, competitively sensitive information, or sensitive personal 

information. "Sensitive personal information" shall refer to, but shall not be limited to, 

an individual's Social Security number, taxpayer identification number, financial account 

number, credit card or debit card number, driver's license number, state-issued 

identification number, passport number, date of birth (other than year), and any sensitive 

health information identifiable by individual, such as an individual's medical records. 

"Document" shall refer to any discoverable writing, recording, transcript of oral 

testimony, or electronically stored information in the possession of a party or a third 

party. "Commission" shall refer to the Federal Trade Commission (''FTC''), or any ofits 

employees, agents, attorneys, and all other persons acting on its behalf, excluding persons 

retained as consultants or experts for purposes of this proceeding. 

2. Any document or portion thereof submitted by a respondent or a third party during a 

Federal Trade Commission investigation or during the comse of this proceeding that is 

entitled to confidentiality under the Federal Trade Commission Act, or any regulation, 

interpretation, or precedent concerning documents in the possession of the Commission, 

as well as any information taken from any portion of such document, shall be treated as 

confidential material for purposes of this Order. The identity of a third party submitting 

such confidential material shall also be treated as confidential material for the purposes of 

this Order where the submitter has requested such confidential treatment 

3. The parties and any third parties, in complying with informal discovery requests, 

disclosure requirements, or discovery demands in this proceeding may designate any 

responsive document or portion thereof as confidential material, including documents 

obtained by them from third parties pursuant to discovery or as otherwise obtained. 

4. The parties, in conducting discovery from third parties, shall provide to each third 

party a copy of this Order so as to inform each such third party of his, her, or its rights 

herein. 

5. A designation of confidentiality shall constitute a representation in good faith and after 

careful determination that the material is not reasonably believed to be already in the 

public domain and that counsel believes the material so designated constitutes 

confidential material as defined in Paragraph 1 of this Order. 

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6. Material may be designated as confidential by placing on or affixing to the document 

containing such material (in such manner as will not interfere with the legibility thereof), 

or if an entire folder or box of documents is confidential by placing or affixing to that 

folder or box, the designation "CONFIDENTIAL - FTC Docket No. 9356" or any other 

appropriate notice that Identifies this proceeding, together with an indication of the 

portion or portions of the document considered to be confidential material. Confidential 

information contained in electronic documents may also be designated as confidential by 

placing the designation "CONFIDENTIAL - FTC Docket No. 9356" or any other 

appropriate notice that identifies this proceeding, on the face of the CD or DVD or other 

medium on which the document is produced. Masked or otherwise redacted copies of 

documents may be produced where the portions deleted contain privileged matter, 

provided that the copy produced shall indicate at the appropriate P()int that portions have 

been deleted and the reasons therefor. 

7. Confidential material shall be disclosed only to: (a) the Administrative Law Judge 

presiding over this proceeding, personnel assisting the Administrative Law Judge, the 

Commission and its employees, and personnel retained by the Commission as experts or 

consultants for this proceeding; (b) judges and other court personnel of any court having 

jurisdiction over any appellate proceedings involving this matter; (c) outside counsel of 

record for any respondent, their associated attorneys and other employees of their law 

fum.(s), provided they are not employees of a respondent; (d) anyone retained to assist 

outside counsel in the preparation or hearing of this proceeding including consultants, 

provided they are not affiliated in any way with a respondent and have signed an . 

agreement to abide by the terms of the protective order; and (e) any witness or deponent 

who may have authored or received the information in question. 

8. Disclosure of confidential material to any person described in Paragraph 7 of this 

Order shall be only for the purposes of the preparation and hearing of this proceeding, or 

any appeal therefrom, and for no other purpose whatsoever, provided, however, that the 

Commission may, subject to taking appropriate steps to preserve the confidentiality of 

such material, use or disclose confidential material as provided by its Rules of Practice; 

sections 6(f) and 21 of the Federal Trade Commission Act; or any other legal obligation 

imposed upon the Commission. 

9. In the event that any confidential material is contained in any pleading, motion, exhibit 

or other paper filed or to be filed with the Secretary of the Commission, the Secretary 

shall be so informed by the Party filing such papers, and such papers shall be filed in 

camera. To the extent that such material was originally submitted by a third party, the 

party including the materials in its papers shall immediately notify the submitter of such 

inclusion. Confidential material contained in the papers shall continue to have in camera 

treatment until further order of the Administrative Law Judge, provided, however, that 

such papers may be furnished to persons or entities who may receive confidential 

material pursuant to Paragraphs 7 or 8. Upon or after filing any paper containing 

confidential material, the :filing party shall file on the public record a duplicate copy of 

the paper that does not reveal confidential material. Further, if the protection for any 

such material expires, a party may file on the public record a duplicate copy which also 

contains the formerly protected material. 

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10. If counsel plans to introduce into evidence at the hearing any document or transcript 

containing confidential material produced by another party or by a third party, they shall 

provide advance notice to the other party or third party for pwposes of allowing that 

party to seek an order that the document or transcript be granted in camera treatment If 

that party wishes in camera treatment for the document or transcript, the party shall file 

an appropriate motion with the Administrative Law Judge within 5 days after it receives 

such notice. Except where such an order is granted, all documents and transcripts shall 

be part of the public record. Where in camera treatment is granted, a duplicate copy of 

such document or transcript with the confidential material deleted therefrom may be 

placed on the public record. 

11. If any party receives a discovery request in any investigation or in any other 

proceeding or matter that may require the disclosure of confidential material submitted. by 

another party or third party, the recipient of the discovery request shall promptly notify 

the submitter of receipt of such request. Unless a shorter time is mandated by an order of 

a court, such notification shall be in writing and be received by the submitter at least 10 

business days before production, and shall include a copy of this Protective Order and a 

cover letter that will apprise the submitter of its rights hereunder. Nothing herein shall be 

construed as requiring the recipient of the discovery request or anyone else covered by 

this Order to challenge or appeal any order requiring production of confidential material, 

to subject itself to any penalties for non-compliance with any such order, or to seek any 

relief from the Administrative Law Judge or the Commission. The recipient shall not 

oppose the submitter's efforts to challenge the disclosure of confidential material. In 

addition, nothing herein shall limit the applicability of Rule 4.11 (e) of the Commission's 

Rules of Practice, 16 CFR4.11(e), to discovery requests in another proceeding that are 

directed to the Commission. 

12. At the time that any consultant or other person retained to assist counsel in the 

preparation of this action concludes participation in the action, such person shall return to 

counsel all copies of documents or portions thereof designated confidential that are in the 

possession of such person, together with all notes, memoranda or other papers containing 

confidential information. At the conclusion of this proceeding, including the exhaustion 

of judicial review, the parties shall return documents obtained. in this action to their 

submitters, provided, however, that the Commission's obligation to return documents 

shall be governed by the provisions of Rule 4.12 of the Rules of Practice, 16 CFR 4.12. 

13. The provisions of this Protective Order, insofar as they restrict the communication 

and use of confidential discovery material, shall, without written permission of the 

submitter or further order of the Commission, continue to be binding after the conclusion 

of this proceeding. 

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PUBLIC 

CERTIFICATE OF SERVICE 

I hereby certify that I filed electronically using the FTC's E-File System a copy of the 

foregoing document with: 

Donald S. Clark 

Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-l13 

Washington, DC 20580 

I also certify that a copy of the foregoing document has been delivered via 

electronic mail, and by overnight courier (F ederal Express) for delivery on Monday, September 

23,2013 to: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-I10 

Washington, DC 20580 

I further certify that I delivered via electronic mail a copy of the foregoing document to: 

Edward Hassi 

Federal Trade Commission 

Bureau of Competition 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

(202) 326-2470 

ehassi@ftc.gov 

Counselfor Complaint Counsel Federal Trade Commission 

Alan Goudiss 

Dale Collins 

Richard Schwed 

Lisl Dunlop 

Shearman & Sterling LLP 

599 Lexington Avenue 

New York, NY 10022 

(202) 848-4906 

agoudiss@shearman.com 

wcollins@shearman.com 

rschwed@shearman.com 

ldunlop@shearman.com 

Counsel for Respondent Ardagh Group S.A 
PUBLIC 

CERTIFICATE OF ELECTRONIC FILING 

I certify that the electronic copy sent to the Secretary of the Commission is a true 

and correct copy of the paper original and that I possess a paper original of the signed document 

that is available for review by the parties and the adjudicator. 

September 20,2013 

sf Y onatan Even 

Y onatan Even