ORIGINAL 


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 ) DOCKET NO. 9356 

) 

Saint-Gobain Containers, Inc., ) 

a corporation, and ) 

) 

Compagnie de Saint-Gobain, ) 

a corporation, ) 

Respondents. ) 

ORDER GRANTING RESPONDENT'S 


APPLICATION FOR SETTLEMENT CONFERENCE 


On September 27, 2013, Respondent Ardagh Group S.A. ("Respondent" or "Ardagh") 

filed an Application under Rule 3.25(a) for an in-person settlement conference ("Application"). 

Complaint Counsel filed a response to the Application on September 27, 2013 ("Response"). On 

September 30, 2013, Ardagh filed a Supplementary Memorandum in Support ofthe Application 

("Supplemental Application"). Also on September 30, 2013, the Commission ordered that, in 

the event that a lapse in appropriations results in a shutdown ofmost Commission operations, 

this proceeding would be stayed for the duration ofthe shutdown and for an additional five 

business days thereafter. 

In its Application, Ardagh states that since the filing ofthe Complaint in this case, and 

the filing ofthe related Federal Court injunction proceeding, 1 the parties have been diligently and 

in good faith trying to settle the matter and have exchanged a number ofdivestiture proposals. In 

its Response, Complaint Counsel states that it does not oppose a settlement conference, but that 

f-------~it-bdieves th:at--a-settl-ement conference is not likelyto materially increase tne ltkeltnooaof________ 

settlement. Ardagh's Supplemental Application reiterates its willingness to negotiate a 

settlement that satisfies the Commission's concerns, and asserts that time is ofthe essence. 

Ardagh maintains that supervised settlement negotiations under Rule 3.25(a) will facilitate a 

settlement. 

In accordance with the September 30, 2013 Commission Order and due to the partial 

shutdown ofthe federal government from October 1-16, 2013, this proceeding was stayed. 

1 See FTCv. Ardagh, S.A., No. 1:13cv1021 (D.D.C.) filed July 3, 2013. 
Following resumption ofthis case, in response to a status request, Ardagh stated that it continues 

to believe thata settlement conference would materially facilitate settl~menti:t). this matter, 

whereas Complaint Counsel reiterated it would be premature to invblve the ALJ in settlement 

discussions at this stage, although it does not oppose such a settlement conference. 

Rule 3.25(a) ofthe Commission's Rules ofPractice provides: "The Administrative Law 

Judge may, in his or her discretion and without suspension ofprehearing procedures, hold 

conferences for the purpose ofsupervising negotiations for the settlement ofthe case, in whole or 

in part, by way of consent agreement." 16 C.P.R. § 3.25(a). Rule 3.21 ofthe Commission's 

Rules ofPractice further provides that the Administrative Law Judge may hold in-person 

preheating conferences and has discretion as to whether such conferences are closed to the 

public. 16 C.P.R.§ 3.21(f), (g). 

Respondent's Application for an in-person settlement conference is GRANTED. The 

conference will be closed to the public and will be held on a date to be determined after 

coordination with the parties. 

ORDERED: 

D. Michael Chapp 11 

Chief Administrative Law Judge 

Date: October 22, 2013 

2