UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSIO 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

Ardagh Group S.A., 

a public limited liability company, and 

Compagnie de Saint-Gobain, 

a corporation, and 

Saint-Gobain Containers, Inc., 

a corporation. 

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) 

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) DOCKET NO. 9356 

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RESPONDENTS' MEMORANDUM IN OPPOSITION TO COMPLAINT COUNSEL'S 

MOTION IN LIMINE TO EXCLUDE TESTIMONY FROM WITNESSES THAT 

RESPONDENTS ADDED TO THEIR FINAL WITNESS LIST BUT FAILED TO 

DISCLOSE IN THEIR PRELIMINARY WITNESS LIST 

Heather L. Kafele 

SHEARMAN & STERLING LLP 

801 Pennsylvania Avenue N.W. 

Washington, DC 20004 

Tel: (202) 508-8000 

Email: hkafele@shearman.com 

December 11, 2013 

Wayne D. Collins 

Alan S. Goudiss 

Richard F. Schwed 

Lisl Dunlop 

SHEARMAN & STERLING LLP 

599 Lexington A venue 

New York, New York 1 0022 

Tel: (212) 848-4000 

Email: rschwed@shearman.com 

Counselfor Respondent Ardagh Group, S.A. 

Christine A. Varney 

Y onatan Even 

Athena Cheng 

Rory Leraris 

CRA VA TH, SWAINE & MOORE LLP 

825 Eighth A venue 

New York, NY 100 19 

(212) 474-1140 

yeven@cravath. com 

Counsel.for Respondents Compagnie de 

Saint-Gobain and Saint-Gobain Containers, Inc. 
PUBLIC 

Ardagh Group, S.A. ("Ardagh"), Compagnie de Saint-Gobain, and Saint-Gobain 

Containers, Inc. ("Saint-Gobain") (together, "Respondents") respectfully submit this 

memorandum in opposition to Complaint Counsel's Motion In Limine to Exclude Testimony 

from Witnesses that Respondents Added to Their Final Witness List but Failed to Disclose on 

Their Preliminary Witness List. 

PRELIMINARY STATEMENT 

Complaint Counsel's motion seeking to exclude testimony from seven witnesses on 

Respondents' final witness list is based on a partial and misleading recitation of the facts. As an 

initial matter, the motion fails to mention that six of the witnesses-Paul Coulson, Robert 

Ganter, Michael Leahy, Jarrell A. Reeves, J. Steven Rhea, and Kenneth Wilkes-are on 

Complaint Counsel's own final witness list. It is hard to imagine how Complaint Counsel can be 

prejudiced by the inclusion of witnesses on its own list, particularly since both parties expressly 

reserved the right to present testimony from any person identified on the other party's witness 

list. In other words, because the witnesses are on Complaint Counsel's list, Respondents could 

have called those witnesses at the hearing even without including them on their witness list. 

Moreover, Complaint Counsel can hardly claim that it has been prejudiced since it took 

testimony from every single one of the witnesses at its own investigational hearings, by 

deposition in connection with these proceedings, or both. And Complaint Counsel's supposed 

outrage at the addition of seven new witnesses rings particularly hollow given that Complaint 

Counsel itself added seven new witnesses to its own final list without providing any notice 

whatsoever, much less taking any of the steps it now claims were required under Additional 

Provision 15 of the Court's Scheduling Order-a provision that by its te1ms applies to all parties. 

The seventh witness is the financial buyer of any divested assets. The request to exclude 

the buyer's testimony is nothing more than a reprise of Complaint Counsel's motion in limine to 
PUBLIC 

exclude evidence of Respondent's divestitures, which is addressed in Ardagh's opposition to that 

motion. In any event, Complaint Counsel's argument on this point rings hollow where, just as 

with the executive witnesses, Complaint Counsel itself reserved the right to call witnesses to 

testify in connection a potential divestiture. 

Finally, Complaint Counsel's request to exclude testimony from "unidentified third-party 

witnesses" is much ado about nothing. These are not "new" witnesses, as they were on 

Respondents' initial witness list. Prior to filing the instant motion, Complaint Counsel had never 

objected to the inclusion of these witnesses-and Complaint Counsel in fact never mentioned 

this category of witnesses in its pre-motion meet and confer. In any event, Respondents 

identified by name a witness for each third party and intend to call only the witness identified by 

name. Respondents' inclusion of any "additional representative" represents nothing more than a 

good-faith effort to secure the ability to offer testimony from an alternate representative of the 

third party in the event that exigent circumstances prevent the named individual from being able 

to testify. Respondents are not seeking pre-approval to call any such witness; rather, in the 

unlikely event that exigent circumstances require such testimony to be offered, Respondents will 

seek Court approval at that time. 

ARGUMENT 

J. Complaint Counsel Had Notice of the Six Executives on Its Own Witness List And 

Is Not Prejudiced by those Executives' Inclusion on Respondents' Witness List 

Complaint Counsel's attempt to bar testimony from six executives from Ardagh and 

Saint-Gobain should be rejected for several reasons. 

First, far from being "new" and unknown, the six executives whose testimony Complaint 

Counsel seeks to exclude were included on its own final witness list. Complaint Counsel thus 

cannot feign surprise that these witnesses would testify or that Respondents included these six 

2 
PUBLIC 

witnesses on their final witness list. In fact, the inclusion of these executives was consistent with 

the express reservation of rights in Respondents' preliminary witness Jist "[t]o present testimony 

... from any person who has been or may be identified by the Federal Trade Commission as a 

potential witness in this matter." See Motion Ex. 3 at 1 (emphasis added).' Complaint Counsel 

never objected to that reservation of rights and, in fact, made the same reservation of rights in its 

own preliminary witness list. See Ex. 2 (Complaint Counsel's Preliminary Witness List) at 1. 

Complaint Counsel was thus on notice that the witnesses it identified, including Messrs. 

Coulson, Ganter, Leahy, Reeves, Rhea, and Wilkes, could be named by Respondents. Indeed, 

pursuant to the express reservations made by both parties, Respondents could have called those 

witnesses merely because they were on Complaint Counsel's witness list--even without adding 

them to Respondents' final witness list. 

Second, Complaint Counsel's motion ignores the fact that Complaint Counsel added 

seven new witnesses to its own final list without taking the steps it claims were required under 

Additional Provision 15. Compare Ex. 2 (Complaint Counsel's Preliminary Witness List) with 

Ex. 1 (Complaint Counsel's Final Proposed Witness List, adding Reiner Brand, Paul Coulson, 

Michael Leahy, Doug Bell, Lynn Bragg, Ryan Frank, and Joseph Redner). Complaint Counsel's 

argument that Respondents failed to comply with Additional Provision 15 of the Scheduling 

Order is therefore curious, as Additional Provision 15 by its terms applies to all Parties, not 

merely to Respondents. See Motion Ex. 2 at 7. 

Third, Complaint Counsel's suggestion that it was deprived of adequate notice is belied 

by the discovery record, which undermines any suggestion of prejudice. Complaint Counsel 

1 References to the exhibits attached to this opposition are cited as "Ex._ at_.·· References to Complaint 

Counsel's Motion in Limine to Exclude Testimony From Witnesses that Respondents Added to Their Final Witness 

List but Failed to Disclose on Their Preliminary Witness List is cited as " Motion at_.'· References to exhibits 

attached to Complaint Counsel's motion are cited as "Motion Ex. _ at_." 

3 
PUBLIC 

emphasizes that Additional Provision 15 was intended "to facilitate the completion of discovery 

within the dates of the scheduling order," but glosses over the fact that it has actually obtained 

formal discovery of each of the executives. In fact, Complaint Counsel got not one but two bites 

at the discovery apple with several of these witnesses: 

• Paul Coulson was deposed by Complaint Counsel on September 19, 2013; 

• Robert Ganter testified at an investigational hearing by Complaint Counsel on 

May 15, 2013; 

• Michael Leahy was deposed by Complaint Counsel on September 26, 2013; 2 

• Jarrell Reeves testified at an investigational hearing on May 8, 2013 and was 

deposed by Complaint Counsel on September 1 7, 2013; 

• Steven Rhea testified at an investigational hearing on May 16, 2013 and was 

deposed by Complaint Counsel on August 20, 2013; and 

• Kenneth Wilkes testified at an investigational hearing on May 1, 2013 and was 

deposed by Complaint Counsel on October 25, 2013. 

It is difficult to fathom how Complaint Counsel can claim inadequate notice and 

insufficient discovery under the circumstances. To the contrary, it effectively concedes that it 

has had adequate opportunity to take discovery from the executives, having listed them all in its 

final witness list and stated therein that it expects each witness to testify as to "matters discussed 

or raised in his deposition," "matters discussed or raised in his investigational hearing," or both. 

See Ex. 1 (Complaint Counsel's Final Proposed Witness List) ~ 4, 6, 8, 11, 12, 17.3 

2 With respect to Complaint Counsel's concern that it only conducted a " limited examination of Michael Leahy in 

his capacity as a corporate spokesman on specific topics" (see Motion at 6), Respondents do not intend to call him 

as a witness as to topics beyond the topics in Complaint Counsel's own deposition notice. 

3 To the extent that Complaint Counsel also takes issue with Respondents' description of its witnesses' proposed 

testimony, that issue was raised for the first time in this motion rather than directly with Respondents, in apparent 

disregard of this Court's stated preference against motions in limine. See Motion Ex. 2 ~ 9 ("Motions in limine are 

discouraged .... Evidence should be excluded in advance of trial on a motion in limine Q!lJ.y when the evidence is 

clearly inadmissible on all potential grounds.") (internal citations omitted) (emphasis in original). In any event, 

Respondents will provide Complaint Counsel with a revised final witness list expanding the descriptions. 

4 
PUBLIC 

II. Complaint Counsel Has No Basis for Objecting to Other Witnesses 

Complaint Counsel's objection to the testimony of the financial buyer of any divested 

assets is meritless. First, on the very first page of its Final Proposed Witness List, Complaint 

Counsel set out a broad reservation of the right to call such a witness, stating that it "reserve[ d] 

the right. .. [t]o call any witnesses regarding any proposals to sell glass container plants operated 

by the Respondents after the proposed transaction, or any other actions by the Respondents that 

may impact the competitive effects resulting from the proposed transaction." Ex. 1 at 1. 

Second, this request relies on the same arguments set forth in Complaint Counsel's 

Motion In Limine to Exclude Any Evidence of Respondents' Possible Divestitures to 

Undetermined Buyers ("Divestiture Motion"), which should be rejected for the reasons set forth 

in Ardagh's opposition to that motion. Moreover, Complaint Counsel cannot credibly argue that 

it does not know the potential subject matter of such a witness's testimony (see Motion at 6) as it 

is self-evident that the divestiture buyer will testify about the financial buyer's business plan with 

respect to any divested assets. Furthermore, as set forth in Ardagh's opposition to the 

Divestiture Motion, filed this same date, Complaint Counsel already has met with an interested 

buyer and management, and Respondents are willing to provide any additional discovery needed 

with respect to the buyer or the transaction. 

Finally, Complaint Counsel's objection to testimony of representatives for third parties 

who are "knowledgeable regarding [third pa1ty's] strategy and practices relating to beer (or 

spirits) containers" (Motion at 2, 4-5) is equally meritless. These are not "new" witnesses as 

they were on Respondents' preliminary witness list. Complaint Counsel did not object to the 

inclusion of these witnesses at any point prior to filing the instant motion, including in its premotion meet and confer. In any event, Respondents named a witness for each third pa1ty and 

5 
PUBLIC 

intend to call only the witness identified by name, absent exigent circumstances, in which case 

Respondents will seek Court approval at the appropriate time. 

CONCLUSION 

For all of the foregoing reasons, Respondents respectfully request that the Court deny 

Complaint Counsel's Motion In Limine to Exclude Testimony From Witnesses that Respondents 

Added to Their Final Witness List But Failed to Disclose on Their Preliminary Witness List. 

Dated: December 11, 2013 

6 

Respectfully submitted, 

Wayne D. Collins 

Alan S. Goudiss 

Richard F. Schwed 

Lisl Dunlop 

599 Lexington A venue 

New York, New York 1 0022 

Tel: (212) 848-4000 

Email: rschwed@shearman.com 

Counsel.for Respondent Ardagh Group, S.A. 

By: Is/ Yonatan Even 

Christine A. Varney 

Y onatan Even 

Athena Cheng 

Rory Leraris 

CRA VA TH, SWAINE & MOORE LLP 

825 Eighth A venue 

New York, NY 10019 

Tel: (212) 474-1140 

yeven@cravath.com 

Counselfor Respondents Compagnie de 
7 

PUBLIC 

Saint-Gobain and Saint-Gobain Containers, 

Inc. 
PUBLIC 

CERTIFICATE OF SERVICE 

I, Jason M. Swergold, an associate at Shearman & Sterling LLP, hereby certify that on December 

11,2013, I caused the foregoing document to be filed using the FTC's E-Filing System, which 

will send notifications of such filing to: 

DonaldS. Clark 

Secretary 

Federal Trade Commission 

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

Washington, DC 20580 

I also certify that I delivered via electronic mail and hand delivery 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 D. Hassi 

Catharine M. Moscatelli 

Brendan J. McNamara 

Sebastian Lorigo 

Victoria Lippincott 

Meredith Robinson 

Devon Kelly 

James Abell 

Teresa Martin 

Amanda Hamilton 

U.S. Federal Trade Commission 

600 Pennsylvania A venue, NW 

Washington, DC 20580 

ehassi@ftc.gov 

cmoscatelli@ftc.gov 

bmcnamara@ftc.gov 

slorgio@ftc.gov 

- vlippincott@ftc.gov 

mrobinson@ftc.gov 

dkelly2@ftc.gov 

jabell@ftc.gov 

tmartin@ftc.gov 

ahamilton I @ftc.gov 
Complaint Counsel 

December 11, 2013 By: Is/ Jason M Swergold 

Jason M. Swergold 

CERTIFICATE FOR ELECTRONIC FILING 

PUBLIC 

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. 

December 11 ,2013 By: Is/ Jason M Swergold 

Jason M. Swergold 
EXHIBIT 1 

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of 

Ardagh Group S.A., 

 a public limited liability company, and 

Compagnie de Saint-Gobain, a corporation, 

and

Saint-Gobain Containers, Inc., 

 a corporation. 

DOCKET NO. 9356 

COMPLAINT COUNSEL’S FINAL PROPOSED WITNESS LIST 

 The list designates the fact witnesses whom Complaint Counsel contemplates calling to 

testify, by deposition and/or investigational hearing transcript, declaration, or orally by live 

witness, at the hearing in this matter. Subject to the limitations in the Scheduling Order entered 

in this action, Complaint Counsel reserves the right: 

A. To present testimony, by deposition and/or investigational hearing transcript, 

declaration, or orally by live witness, from any other person who has been identified 

by Respondents as a witness in this matter; 

B. To call the custodian of records of any non-party from whom documents or records 

have been obtained – specifically including, but not limited to, those non-parties 

listed below – to the extent necessary for the admission of documents, deposition, or 

investigational hearing testimony into evidence in the event a stipulation cannot be 

reached concerning the admissibility of such documents or testimony; 

C. Not to call at the hearing any of the persons listed below, as circumstances may 

warrant;

D. To call any witnesses to rebut the testimony of witnesses proffered by Respondents; 

E. To call any witnesses regarding any proposals to sell glass container plants operated 

by the Respondents after the proposed transaction, or any other actions by the 

Respondents that may impact the competitive effects resulting from the proposed 

transaction; or

38%/,&
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F. To call any of these or any unnamed witnesses for rebuttal testimony. 

Subject to these reservations of rights, Complaint Counsel’s final proposed list of 

witnesses is as follows: 

1. Frederick Warren-Boulton. Dr. Warren-Boulton is a Principal/Director at MiCRA 

Inc. We expect Dr. Warren-Boulton to provide expert testimony regarding the 

relevant markets, market structure, competitive effects, entry, and efficiencies as well 

as other economic issues related to the proposed transaction. 

2. H. Gabriel Dagen. Mr. Dagen is the Director of Financial Analysis and Accounting 

at the Federal Trade Commission. We expect Mr. Dagen to provide expert testimony 

regarding the Respondents’ claimed cost savings, efficiencies, and synergies related 

to the proposed transaction, and to what extent, if any, such savings will be passed on 

to consumers. 

3. Reiner Brand. Mr. Brand is the Chief Commercial Officer for Ardagh Group’s glass 

business. We expect Mr. Brand will testify about Ardagh Group’s business and 

negotiations with Anheuser-Busch InBev. We further expect Mr. Brand will testify 

about matters discussed or raised in his deposition and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

4. Paul Coulson. Mr. Coulson is Chairman of Ardagh Group S.A. We expect Mr. 

Coulson will testify about the glass container industry, as well as glass container sales 

to beer and spirits customers and potential customers. We also expect Mr. Coulson to 

testify about the acquisition, including the reasons for the acquisition, the timing of 

the acquisition, the negotiations surrounding the acquisition, and any plans for 

integrating Saint-Gobain Containers, Inc. into Ardagh Group S.A. We also expect 

Mr. Coulson will testify about matters discussed or raised in his deposition and other 

matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

5. James Fredlake. Mr. Fredlake is President of Ardagh North America and former 

President and Chief Executive Officer of Anchor Glass Container Corporation 

(“Anchor”). We expect Mr. Fredlake will testify about the glass container industry, 

as well as the sales, operations, and supply chain of Ardagh Glass Americas. We also 

expect Mr. Fredlake will testify about the facts and circumstances surrounding efforts 

to sell Anchor. We further expect Mr. Fredlake will testify about matters discussed or 

raised in his investigational hearing and deposition and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

6. Joseph Robert Ganter. Mr. Ganter is General Manager and Senior Vice President 

of the Beer Sector of Activity for Saint-Gobain Containers, Inc. We expect Mr. 

Ganter will testify about the glass container industry, as well as beer sales in North 

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America for Saint-Gobain Containers, Inc. We further expect Mr. Ganter will testify 

about matters discussed or raised in his investigational hearing and other matters 

relevant to the allegations of the Complaint, the Answer, Respondents’ affirmative 

defenses, or the remedy to be entered in this case. 

7. Joseph Grewe. Mr. Grewe is President and Chief Executive Officer of Saint-Gobain 

Containers, Inc. We expect Mr. Grewe will testify about the glass container industry, 

as well as the beer and spirits sectors of activity of Saint-Gobain Containers, Inc. We 

also expect Mr. Grewe to testify about the acquisition, including the reasons for the 

acquisition, the timing of the acquisition, the negotiations surrounding the acquisition, 

and any plans for integrating Saint-Gobain Containers, Inc. into Ardagh Group S.A.

We further expect Mr. Grewe will testify about matters discussed or raised in his 

investigational hearing and deposition and other matters relevant to the allegations of 

the Complaint, the Answer, Respondents’ affirmative defenses, or the remedy to be 

entered in this case. 

8. Michael Leahy. Mr. Leahy is Operational Excellence Director of Glass, Europe, for 

Ardagh Group S.A. We expect Mr. Leahy will testify about Ardagh Group S.A.’s 

acquisition of Saint-Gobain Containers, Inc., including the proposed efficiencies of 

the acquisition. We further expect Mr. Leahy will testify about matters discussed or 

raised in his deposition and other matters relevant to the allegations of the Complaint, 

the Answer, Respondents’ affirmative defenses, or the remedy to be entered in this 

case. 

9. Gordon Love. Mr. Love is Vice President of Sales for Ardagh North America. We 

expect Mr. Love will testify about the glass container industry, as well as sales 

activities for spirits and beer accounts at Ardagh North America, including 

competitive bidding, price negotiations, and analyses of competition. We further 

expect Mr. Love will testify about matters discussed or raised in his investigational 

hearing and deposition and other matters relevant to the allegations of the Complaint, 

the Answer, Respondents’ affirmative defenses, or the remedy to be entered in this 

case. 

10. Philip McPherson. Mr. McPherson is General Manager of the Food, Beverage, and 

Spirits Sector of Saint-Gobain Containers, Inc. We expect Mr. McPherson will 

testify about Saint-Gobain Containers, Inc.’s efforts to increase the efficiency of its 

operations and issues related to Ardagh’s claimed efficiencies from the acquisition. 

We also expect Mr. McPherson will testify about competition in the market for glass 

containers purchased by Distillers. We further expect Mr. McPherson will testify 

about matters discussed or raised in his investigational hearing and other matters 

relevant to the allegations of the Complaint, the Answer, Respondents’ affirmative 

defenses, or the remedy to be entered in this case. 

11. Jarrell Reeves. Mr. Reeves is Vice President of Sales of the Food, Beverage, and 

Spirits Sector of Saint-Gobain Containers, Inc. We expect Mr. Reeves will testify 

about sales, customers, and competition in the market for glass containers purchased 

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by Distillers. We further expect Mr. Reeves will testify about matters discussed or 

raised in his investigational hearing and deposition and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

12. J. Steven Rhea. Mr. Rhea is Senior Vice President, Strategic Development, of SaintGobain Containers, Inc. and Chairman of the Glass Packaging Institute. We expect 

Mr. Rhea will testify about corporate strategy, capacity planning, purchasing, 

marketing, corporate organization, and financial performance at Saint-Gobain 

Containers, Inc. We also expect that Mr. Rhea will testify about the glass container 

industry, competitive conditions, glass production, and supply and demand dynamics 

in the glass container industry. We also expect Mr. Rhea to testify about glass 

marketing. We further expect Mr. Rhea will testify about matters discussed or raised 

in his investigational hearing and deposition, and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

13. John Riordan. Mr. Riordan is Finance Director of Ardagh Group S.A. We expect 

Mr. Riordan will testify about Ardagh Group S.A.’s acquisition of Saint-Gobain 

Containers, Inc., including the reasons for the acquisition, the timing of the 

acquisition, the negotiations surrounding the acquisition, and any plans for integrating 

Saint-Gobain Containers, Inc. into Ardagh Group S.A. We also expect Mr. Riordan 

will testify regarding the proposed efficiencies of the acquisition. We further expect 

Mr. Riordan will testify about matters discussed or raised in his investigational 

hearing and deposition and other matters relevant to the allegations of the Complaint, 

the Answer, Respondents’ affirmative defenses, or the remedy to be entered in this 

case. 

14. Robert Shanteau. Mr. Shanteau is Vice President of Sales, Beer Sector of Activity, 

for Saint-Gobain Containers, Inc. We expect Mr. Shanteau will testify about the glass 

container industry, as well as beer sales and customers in North America for SaintGobain Containers, Inc. We further expect Mr. Shanteau will testify about matters 

discussed or raised in his investigational hearing and deposition and other matters 

relevant to the allegations of the Complaint, the Answer, Respondents’ affirmative 

defenses, or the remedy to be entered in this case. 

15. Niall Wall. Mr. Wall is Chief Executive Officer of Ardagh Group S.A. We expect 

Mr. Wall will testify about the glass container industry, as well as glass container 

sales to beer and spirits customers and potential customers. We also expect Mr. Wall 

to testify about the acquisition, including the reasons for the acquisition, the timing of 

the acquisition, the negotiations surrounding the acquisition, and any plans for 

integrating Saint-Gobain Containers, Inc. into Ardagh Group S.A. We also expect 

Mr. Wall will testify about matters discussed or raised in his investigational hearing 

and deposition and other matters relevant to the allegations of the Complaint, the 

Answer, Respondents’ affirmative defenses, or the remedy to be entered in this case. 

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16. Thomas Wieclaw. Mr. Wieclaw is Vice President of Sales for Ardagh North 

America. We expect Mr. Wieclaw will testify about the glass container industry, 

including glass container sales to customers and potential customers of Ardagh North 

America. We further expect Mr. Wieclaw will testify about matters discussed or 

raised in his investigational hearing and deposition and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

17. Kenneth Wilkes. Mr. Wilkes is Chief Financial Officer of Ardagh North America. 

We expect Mr. Wilkes will testify about corporate strategy, capacity planning, 

financial performance, pricing, costs and costs drivers, contracts, and competitive 

conditions. We also expect Mr. Wilkes will testify about the sale of Anchor Glass 

Containers, Inc. to Ardagh Group S.A. We further expect Mr. Wilkes will testify 

about matters discussed or raised in his investigational hearing and deposition and 

other matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

18. Samuel Wilson. Mr. Wilson is Vice President of New Product Development and 

Technical Sales of Ardagh North America. We expect Mr. Wilson will testify about 

the glass container industry, as well as product development, innovation, operations, 

and corporate quality at Ardagh North America. We further expect that Mr. Wilson 

will testify about matters discussed or raised in his investigational hearing and other 

matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

19. Norman Angel. Mr. Angel is Vice President of Moulded Glass America at 

Gerresheimer Glass, Inc. We expect Mr. Angel will testify about Gerresheimer Glass 

Inc.’s business and operations, including the manufacturing and sales of glass 

containers by the Moulded Glass Division of Gerresheimer Glass, Inc., and the 

limited nature of any competition or potential competition between Gerresheimer 

Glass, Inc. and respondents in the manufacture and sale of glass containers to brewers 

and distillers. We further expect Mr. Angel will testify about matters discussed or 

raised in his declaration. 

20. Doug Bell. Doug Bell is the Global Beverage Buyer for Whole Foods Market, Inc. 

We expect Mr. Bell to testify about Whole Foods Market, Inc.’s beer sales, including 

its packaging mix. We further expect Mr. Bell will testify about matters discussed or 

raised in his deposition.

21. David Blossman. Mr. Blossman is the President of Abita Brewing Company. We 

expect Mr. Blossman will testify regarding Abita Brewing Company’s purchase and 

use of packaging materials, including glass containers, as well as marketing and brand 

strategy for Abita Brewing Company’s products. We further expect Mr. Blossman to 

testify about matters discussed or raised in his declaration and deposition. 

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22. Lynn Bragg. Ms. Bragg is the President of the Glass Packaging Institute (“GPI”), a 

trade association of glass container manufacturers, including Respondents. We 

expect Ms. Bragg will testify about the activities and views of GPI and the 

relationship and interaction between GPI and Respondents. We also expect Ms. 

Bragg will testify about matters discussed or raised in her deposition, declaration, and 

other matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

23. Anthony R. Caracciolo. Mr. Caracciolo is Vice President of Global Sales at OwensIllinois, Inc. We expect Mr. Caracciolo will testify about the glass container industry, 

as well as the sales, operations, and customers of Owens-Illinois, Inc. We further 

expect Mr. Caracciolo will testify about matters raised and discussed in his 

investigational hearing and deposition. 

24. David Casinelli. Mr. Casinelli is Chief Operating Officer of D.G. Yuengling & Son, 

Inc. We expect Mr. Casinelli will testify about the procurement of packaging 

materials for D.G. Yuengling & Son, Inc., including negotiations with glass container 

manufacturers. We expect Mr. Casinelli will also testify about marketing and brand 

strategy for D.G. Yuengling & Son, Inc. products. In addition, we expect Mr. 

Casinelli will testify about matters discussed or raised in his deposition. 

25. Philip Cissell. Mr. Cissell is Vice President of Purchasing for Sazerac Company, 

Inc. We expect Mr. Cissell will testify regarding the purchasing of glass and plastic 

containers for Sazerac Company, Inc. We also expect Mr. Cissell will testify about 

matters raised and discussed in his declaration and deposition. 

26. Warren Dibble. Mr. Dibble is Vice President and Chief Financial Officer of 

Harpoon Brewery. We expect Mr. Dibble will testify about the procurement of 

packaging materials for Harpoon Brewery, including negotiations with glass 

container manufacturers. We expect Mr. Dibble will also testify about marketing and 

brand strategy for Harpoon Brewery. In addition, we expect Mr. Dibble will testify 

about matters discussed or raised in his deposition. 

27. Bruce Doelling. Mr. Doelling is Director of Sales, North America, for Ball 

Corporation. We expect Mr. Doelling will testify about will testify about the business 

and operations, including the manufacture and sale of aluminum containers and other 

packaging by Ball Corporation, and the limited nature of any competition or potential 

competition between Ball Corporation and respondents. We further expect that Mr. 

Doelling will testify about matters discussed or raised in his deposition. 

28. Kenneth Edwards. Mr. Edwards is Chief Procurement Officer of Beam Inc. We 

expect Mr. Edwards will testify about the procurement of packaging materials for 

Beam Inc., including negotiations with glass container manufacturers. We expect Mr. 

Edwards will also testify about marketing and brand strategy for Beam Inc. products. 

In addition, we expect Mr. Edwards will testify about matters discussed or raised in 

his deposition. 

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29. Judy Embree. Ms. Embree is Senior Director of Procurement at The Boston Beer 

Company, Inc. We expect Ms. Embree will testify about glass container 

procurement, glass supplier relationships and contract negotiations, and container 

purchasing strategy and marketing at The Boston Beer Company, Inc. In addition, we 

expect Ms. Embree will testify about matters discussed or raised in her declaration 

and deposition. 

30. Umberto Filice. Mr. Filice is Senior Vice President for North American Sales at The 

Anchor Hocking Company. We expect Mr. Filice will testify about The Anchor 

Hocking Company’s business and operations, including the manufacture and sale of 

glass containers by The Anchor Hocking Company and the limited nature of any 

competition or potential competition between The Anchor Hocking Company and 

respondents in the manufacture and sale of glass containers to brewers and distillers.

We also expect Mr. Filice will testify about matters raised and discussed in his 

declaration and deposition. 

31. John Foley. Mr. Foley is a Partner at Wayzata Investment Partners. Wayzata 

Investment Partners is a former majority-share owner of Anchor. We expect Mr. 

Foley will testify about Anchor, including the purchase and sale of Anchor by 

Wayzata Investment Partners, as well as the glass container industry. We further 

expect that Mr. Foley will testify about matters discussed or raised in his 

investigational hearing. 

32. Ryan Frank. Mr. Frank is the brewery production manager at 21st Amendment 

brewery. We expect Mr. Frank will testify about the procurement of packaging 

materials for 21st Amendment. We expect Mr. Frank will also testify about 

marketing and brand strategy for 21st Amendment products. In addition, we expect 

Mr. Frank will testify about matters discussed or raised in his deposition.

33. Kenneth Gamer. Mr. Gamer is President of Gamer Packaging, Inc. We expect Mr. 

Gamer will testify about Gamer Packaging, Inc.’s business and operations, including 

the sale of glass, plastic, and aluminum containers. We also expect Mr. Gamer will 

testify about matters raised or discussed in his deposition. We further expect Mr. 

Gamer will testify about the role of distributors in the competitive landscape and the 

commercial relationships between manufacturers, distributors, and brewers and 

distillers.

34. Adam Gelles. Mr. Gelles is Vice President of New Product Development and 

Purchasing at Pernod Ricard USA, Inc. We expect Mr. Gelles will testify about 

purchasing, new product development, marketing and brand strategy, and new 

packaging innovations for Pernod Ricard USA, Inc. We further expect that Mr. 

Gelles will testify about matters discussed or raised in his declaration and deposition. 

35. Shane Graber. Mr. Graber is Vice President for Bacardi USA, Inc. We expect Mr. 

Graber will testify about the procurement of packaging materials for Bacardi USA, 

38%/,&
8

Inc., including negotiations with glass container manufacturers. We expect Mr. 

Graber will also testify about marketing and brand strategy for Bacardi USA, Inc. 

products. In addition, we expect Mr. Graber will testify about matters discussed or 

raised in his deposition. 

36. Hans Hartjens. Mr. Hartjens is Director of Finance at Gallo Glass Company. We 

expect Mr. Hartjens will testify about Gallo Glass Company’s business and 

operations, including the manufacture and sale of glass containers by Gallo Glass 

Company and the limited nature of any competition or potential competition between 

Gallo Glass Company and respondents in the manufacture and sale of glass containers 

to brewers and distillers. We further expect Mr. Hartjens to testify about matters 

discussed or raised in his declaration. 

37. John Horan. Mr. Horan is Tax and Assistant Treasurer for The Gambrinus 

Company. We expect Mr. Horan will testify regarding the purchase of packaging 

materials. We also expect Mr. Horan will testify regarding The Gambrinus 

Company’s purchase and use of packaging materials, including glass containers as 

well as the marketing and brand strategy of The Gambrinus Company’s products. We 

further expect Mr. Horan to testify about matters discussed or raised in his declaration 

as well as his deposition. 

38. Lee Keathley. Mr. Keathley is Vice President of Procurement for the North 

American Zone of Anheuser-Busch Companies, LLC, a subsidiary of AnheuserBusch InBev (“ABI”). We expect Mr. Keathley will testify about marketing and 

brand strategy, and the procurement of packaging for ABI beer brewed and filled in 

North America. We further expect that Mr. Keathley will testify about matters 

discussed or raised in his declaration and deposition. 

39. Kevin Keeter. Mr. Keeter is Purchasing Manager for Big Sky Brewing Company. 

We expect Mr. Keeter will testify about the purchasing of packaging materials for Big 

Sky Brewing Company. We further expect Mr. Keeter will testify regarding the 

marketing and brand strategy for Big Sky Brewing Company. In addition, we expect 

Mr. Keeter will testify about matters discussed or raised in his declaration and 

deposition

40. William Kelman. Mr. Kelman is the Founder, Owner and Chief Executive Officer 

of Kelman Bottles LLC. We expect Mr. Kelman will testify about Kelman Bottles 

LLC’s business and operations, including the manufacture and sale of glass 

containers by Kelman Bottles LLC prior to March 2011, when Kelman Bottles LLC 

ceased production of glass containers. We further expect Mr. Kelman to testify about 

matters discussed or raised in his declaration. 

41. Daniel Kenary. Mr. Kenary is President and Co-Founder of Harpoon Brewery. We 

expect Mr. Kenary will testify about the purchasing of packaging materials for 

Harpoon Brewery, including negotiations with glass container manufacturers, as well 

38%/,&
9

as Harpoon Brewery marketing and brand strategy. In addition, we expect Mr. 

Kenary will testify about matters discussed or raised in his declaration and deposition. 

42. Ray Kor. Mr. Kor is Chief Financial Officer of Bruni Glass Packaging. We expect 

Mr. Kor will testify about the sourcing of packaging materials for beer and spirits 

customers in the United States, including the circumstances under which Bruni Glass 

Packaging seeks to source glass beer and spirits containers from foreign versus 

domestic sources. We further expect Mr. Kor will testify about the role of 

distributors in the competitive landscape and the commercial relationships between 

manufacturers, distributors, and brewers and distillers. In addition, Mr. Kor will 

testify about matters discussed or raised in his deposition. 

43. David Kroll. Mr. Kroll is Vice President of Innovation and Insights for MillerCoors 

LLC. We expect Mr. Kroll will testify about consumer research and insights into 

MillerCoors LLC container choices, as well as the marketing and brand strategy for 

MillerCoors LLC. In addition, we expect Mr. Kroll will testify about matters 

discussed or raised in his deposition. 

44. Jeffery Krum. Mr. Krum is Chief Financial Officer at Boulevard Brewing 

Company. We expect Mr. Krum will testify about the purchasing of packaging 

materials for Boulevard Brewing Company, including negotiations with glass 

container manufacturers, as well as marketing and brand strategy. In addition, we 

expect Mr. Krum will testify about matters discussed or raised in his declaration and 

deposition.

45. David Larsen. Mr. Larsen is Packaging and Materials Buyer at New Belgium 

Brewing Company. We expect Mr. Larsen will testify about the purchasing of 

packaging materials for New Belgium Brewing Company including negotiations with 

glass container manufacturers. We further expect Mr. Larsen will testify about 

matters discussed or raised in his declaration and deposition. 

46. Gerald Lemieux. Mr. Lemieux is Chief Executive Officer of Bennu Glass LLC. We 

expect Mr. Lemieux will testify about Bennu Glass LLC’s business and operations, 

including the manufacture and sale of glass containers by Bennu Glass LLC and the 

limited nature of any competition or potential competition between Bennu Glass LLC 

and respondents in the manufacture and sale of glass containers to brewers and 

distillers. We further expect that Mr. Lemieux will testify about matters discussed or 

raised in his declaration. 

47. Corey Lewis. Mr. Lewis is Director of Strategy, Research, and Business Support at 

The Boston Beer Company, Inc. We expect Mr. Lewis will testify about glass 

container procurement, glass supplier relationships and contract negotiations, and 

container purchasing strategy and marketing at The Boston Beer Company, Inc. In 

addition, we expect Mr. Lewis will testify about matters discussed or raised in his 

deposition.

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10

48. Peter Lijewski. Mr. Lijewski is Vice President of Procurement at Constellation 

Brands, Inc. We expect Mr. Lijewski will testify about the purchasing of packaging 

materials for Constellation Brands, Inc., including negotiations with glass container 

manufacturers as well as contract bottlers. We further expect Mr. Lijewski will 

testify about marketing and brand strategy for Constellation Brands, Inc. We further 

expect that Mr. Lijewski will testify about matters discussed or raised in his 

declaration and deposition. 

49. Theadore Marti. Mr. Marti is President of August Schell Brewing Company. We 

expect Mr. Marti will testify about the procurement of packaging materials for 

August Schell Brewing Company, including negotiations with glass container 

manufacturers. We expect Mr. Marti will also testify about marketing and brand 

strategy for August Schell Brewing Company. In addition, we expect Mr. Marti will 

testify about matters discussed or raised in his deposition. 

50. Alfred Matt. Mr. Matt is President of F.X. Matt Brewing Company. We expect Mr. 

Matt will testify about the procurement of packaging materials for F.X. Matt Brewing 

Company, including negotiations with glass container manufacturers. We expect Mr. 

Matt will also testify about marketing and brand strategy for F.X. Matt Brewing 

Company products. In addition, we expect Mr. Matt will testify about matters 

discussed or raised in his deposition. 

51. Frederick O’Neill Mitchell. Mr. Mitchell is Vice President of Marketing and 

Strategic Development for the Beer Can Division, in the United States and Canada, of 

Crown Holdings, Inc. We expect Mr. Mitchell will testify about the business and 

operations, including the manufacture and sale of aluminum containers and other 

packaging by Crown Holdings, Inc. and the limited nature of any competition or 

potential competition between Crown Holdings, Inc. and respondents. We further 

expect that Mr. Mitchell will testify about matters discussed or raised in his 

deposition.

52. Timothy Nall. Mr. Nall is Vice President at Brown-Forman Corporation. We expect 

Mr. Nall will testify about the procurement of packaging materials, and marketing 

and brand strategy, for Brown-Forman Corporation. We further expect that Mr. Nall 

will testify about matters discussed or raised in his declaration and deposition. 

53. Daniel O’Connor. Mr. O’Connor is Chief Financial Officer of Oskar Blues Brewing 

Company. We expect Mr. O’Connor will testify about the procurement of packaging 

materials for Oskar Blues Brewing Company, including negotiations with aluminum 

can manufacturers. We expect Mr. O’Connor will also testify about marketing and 

brand strategy for Oskar Blues Brewing Company products. In addition, we expect 

Mr. O’Connor will testify about matters discussed or raised in his deposition. 

54. Andrew Oland. Mr. Oland is the President of Moosehead Breweries Limited. We 

expect Mr. Oland will testify about the purchasing of packaging materials for 

Moosehead Breweries Limited, including negotiations with glass container 

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11

manufacturers. We also expect Mr. Oland will testify about marketing and brand 

strategy for Moosehead Breweries Limited. We further expect Mr. Oland will testify 

about matters discussed or raised in his deposition.

55. Patricia Pelzer. Ms. Pelzer is Chief Financial Officer of United States Distilled 

Products. We expect Ms. Pelzer will testify about United States Distilled Products’ 

business and operations, including the procurement of packaging materials and 

negotiations with glass container manufacturers. We also expect Ms. Pelzer will also 

testify about marketing and brand strategy for United States Distilled Products. In 

addition, we expect Ms. Pelzer will testify about matters discussed or raised in her 

deposition.

56. Frederick Piercy, Jr. Mr. Piercy is Business Director for Spirits, Wine, and Beer at 

Amcor Rigid Plastics USA, Inc. We expect Mr. Piercy will testify about the business 

and operations of Amcor Rigid Plastics USA, Inc., including the manufacture and 

sale of plastic containers by Amcor Rigid Plastics USA, Inc., and the limited nature 

of any competition or potential competition between Amcor Rigid Plastics USA, Inc., 

and respondents in the sale of containers to brewers and distillers. We further expect 

Mr. Piercy will testify about matters discussed or raised in his deposition. 

57. Anthony Rampley. Mr. Rampley is President and Chief Executive Officer of 

Arkansas Glass Container Corporation. We expect Mr. Rampley will testify about 

the business and operations of Arkansas Glass Container Corporation, including the 

manufacture and sale of glass containers by Arkansas Glass Container Corporation 

and the limited nature of any competition or potential competition between Arkansas 

Glass Container Corporation and respondents in the manufacture and sale of glass 

containers to brewers and distillers. We further expect that Mr. Rampley will testify 

about matters discussed or raised in his declaration. 

58. Joseph Redner. Mr. Redner is President and Chief Executive Officer of Cigar City 

Brewing, LLC. We expect Mr. Redner will testify about the procurement of 

packaging materials for Cigar City Brewing, LLC, including negotiations with glass 

container manufacturers. We expect Mr. Redner will also testify about marketing and 

brand strategy for Cigar City Brewing, LLC. In addition, we expect Mr. Redner will 

testify about matters discussed or raised in his deposition. 

59. Herbert Sachs. Mr. Sachs is President of Saxco International, LLC. We expect Mr. 

Sachs will testify about the sourcing of packaging materials for beer and spirits 

customers in the United States, including the circumstances under which Saxco 

International, LLC, seeks to source glass beer and spirits containers from foreign 

versus domestic sources. We further expect Mr. Sachs will testify about the role of 

distributors in the competitive landscape and the commercial relationships between 

manufacturers, distributors, and brewers and distillers. 

60. John Shaddox. Mr. Shaddox is President of United States Operations for Vitro 

Packaging LLC. We expect Mr. Shaddox will testify about the production, 

38%/,&
12

packaging, distribution, marketing, and selling of glass beer or spirits containers by 

Vitro Packaging LLC. We also expect Mr. Shaddox will testify about competition 

between glass packaging and other substrate manufacturers and distributors. In 

addition, we expect Mr. Shaddox will testify about matters discussed or raised in his 

deposition.

61. Max Shapira. Mr. Shapira is President of Heaven Hill Distilleries, Inc. We expect 

Mr. Shapira will testify about the procurement of packaging materials for Heaven Hill 

Distilleries, Inc., including negotiations with glass container manufacturers. We 

expect Mr. Shapira will also testify about marketing and brand strategy for Heaven 

Hill Distilleries, Inc. products. In addition, we expect Mr. Shapira will testify about 

matters discussed or raised in his deposition. 

62. Leon Sharyon. Mr. Sharyon is the Chief Financial Officer of Lagunitas Brewing 

Company. We expect Mr. Sharyon will testify about the purchasing of packaging 

materials, marketing, and brand strategy for Lagunitas Brewing Company. In 

addition, we expect Mr. Sharyon will testify about matters discussed or raised in his 

declaration and deposition. 

63. James Sheehy. Mr. Sheehy is Vice President of Procurement for MillerCoors LLC. 

We expect Mr. Sheehy will testify about the purchase of packaging materials and 

negotiation of supply agreements for glass bottles, aluminum cans, and plastic bottles 

by MillerCoors LLC for use in the United States. We further expect Mr. Sheehy to 

testify about matters discussed or raised in his declaration and deposition.

64. Albert Spinelli. Mr. Spinelli is Director of Operations at Sierra Nevada Brewing 

Company. We expect Mr. Spinelli will testify about the procurement of packaging 

materials for Sierra Nevada Brewing Company, including negotiations with glass 

container manufacturers. We expect Mr. Spinelli will also testify about marketing 

and brand strategy for Sierra Nevada Brewing Company. In addition, we expect Mr. 

Spinelli will testify about matters discussed or raised in his declaration and 

deposition.

65. Brad Stevenson. Mr. Stevenson is Vice President of Operations at Founders 

Brewing Company. We expect Mr. Stevenson will testify about the procurement of 

packaging materials for Founders Brewing Company, including negotiations with 

glass container manufacturers. We expect Mr. Stevenson will also testify about 

marketing and brand strategy for Founders Brewing Company products. In addition, 

we expect Mr. Stevenson will testify about matters discussed or raised in his 

deposition.

66. Rick Thielen. Mr. Thielen is Vice President of Procurement for Diageo North 

America. We expect Mr. Thielen will testify about the procurement of packaging 

materials for Diageo North America, including negotiations with glass container 

manufacturers. We expect Mr. Thielen will also testify about marketing and brand 

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13

strategy for Diageo North America products. In addition, we expect Mr. Thielen will 

testify about matters discussed or raised in his deposition. 

67. Niraj Tipre. Mr. Tipre is Chief Executive Officer of Piramal Glass-USA, Inc. We 

expect Mr. Tipre will testify about the business and operations of Piramal Glass-USA, 

Inc. including the manufacture and sale of glass containers by Piramal Glass-USA, 

Inc., and the limited nature of any competition or potential competition between 

Piramal Glass-USA, Inc., and respondents in the manufacture and sale of glass 

containers to brewers and distillers. We further expect that Mr. Tipre will testify 

about matters discussed or raised in his declaration. 

68. Steven Wyant. Mr. Wyant is Vice President of Sales and Marketing for Sazerac 

Company, Inc. We expect Mr. Wyant will testify regarding Sazerac Company Inc.’s 

sales, marketing, brand strategy, and procurement of packaging. We also expect Mr. 

Wyant will testify about matters raised or discussed in his declaration and deposition. 

69. Richard Yuengling, Jr. Mr. Yuengling is Owner and President of D.G. Yuengling 

& Son, Inc. We expect Mr. Yuengling will testify about the procurement of 

packaging materials for D.G. Yuengling & Son, Inc., including negotiations with 

glass container manufacturers. We expect Mr. Yuengling will also testify about 

marketing and brand strategy for D.G. Yuengling & Son, Inc., products. In addition, 

we expect Mr. Yuengling will testify about matters discussed or raised in his 

deposition.

70. Mars & Co. Representative. Complaint Counsel may call as a witness a 

representative of Mars & Co. who is most knowledgeable about client AnheuserBusch InBev’s purchase of glass and other substrate containers, as well as client 

Anheuser-Busch InBev’s strategic approach to container sourcing. We further expect 

this individual will testify about the potential impact of the proposed acquisition of 

Saint-Gobain Containers by Ardagh Group S.A. on client Anheuser-Busch InBev.

71. Summary Witnesses. Complaint Counsel may call as witnesses one or more 

individuals to testify regarding the preparation and admissibility of any summaries, 

charts, or calculations of voluminous writings, recordings, or photographs that cannot 

be conveniently examined in Court. 

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14

November 1, 2013 Respectfully submitted, 

 

 By: /s/ Edward D. Hassi 

EDWARD D. HASSI 

Chief Litigation Counsel 

Federal Trade Commission 

Bureau of Competition 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

Telephone: (202) 326-2470 

Facsimile: (202) 326-2884 

Email: ehassi@ftc.gov 

Attorney for Complaint Counsel

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15

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 1, 2013, I served the foregoing 

document via electronic mail 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 on November 1, 2013, I served the foregoing document via 

electronic mail to: 

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.

Christine Varney 

Yonatan Even 

Athena Cheng 

Rory Leraris 

Pierre Gemson 

Sarah Colombo 

Cravath, Swaine & Moore LLP 

825 Eighth Avenue 

New York, NY 10019 

(212) 474-1140 

cvarney@cravath.com 

yeven@cravath.com

acheng@cravath.com

rleraris@cravath.com

pgemson@cravath.com 

scolombo@cravath.com 

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16

Counsel for Respondent Saint-Gobain Containers, Inc.

November 1, 2013 By: /s/ Devon Kelly 

 Litigation Support Specialist 

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EXHIBIT 2 

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1

UNITED STATES OF AMERICA 

BEFORE THE 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. )

__________________________________________)

COMPLAINT COUNSEL’S PRELIMINARY WITNESS LIST 

 The list designates the fact witnesses whom Complaint Counsel currently contemplates 

calling to testify, by deposition and/or investigational hearing transcript, declaration, or orally by 

live witness, at the hearing in this matter based on the information available to us at this time. 

Discovery is ongoing and that discovery will likely have an impact on our final witness list.

Subject to the limitations in the Scheduling Order entered in this action, Complaint Counsel 

reserves the right: 

A. To present testimony, by deposition and/or investigational hearing transcript, 

declaration, or orally by live witness, from any other person who has been or may be 

identified by Respondents as a potential witness in this matter; 

B. For any individual non-Party witness listed below, to substitute the 30(b)(6) witness 

designated by that non-Party in response to a 30(b)(6) notice;

C. To present testimony by deposition transcript of any person identified by a Party or 

non-Party as a 30(b)(6) representative of that Party or non-Party pursuant to a 

30(b)(6) notice served by Complaint Counsel or Respondents; 

D. To call the custodian of records of any non-party from whom documents or records 

have been obtained – specifically including, but not limited to, those non-parties 

listed below – to the extent necessary for the admission of documents or deposition or 

38%/,&
2

investigational hearing testimony into evidence in the event a stipulation cannot be 

reached concerning the admissibility of such documents or testimony; 

E. To supplement this list in light of the fact that discovery in this matter is ongoing; 

F. Not to call at the hearing any of the persons listed below, as circumstances may 

warrant;

G. To call any witnesses to rebut the testimony of witnesses proffered by Respondents; 

or

H. To call any of these or any unnamed witnesses for rebuttal testimony. 

Subject to these reservations of rights, Complaint Counsel’s preliminary list of witnesses 

is as follows: 

1. James Fredlake. Mr. Fredlake is President of Ardagh North America and former 

President and Chief Executive Officer of Anchor Glass Container Corporation 

(“Anchor”). We expect Mr. Fredlake will testify about the glass container industry, 

as well as the sales, operations, and supply chain of Ardagh Glass Americas. We also 

expect Mr. Fredlake will testify about the facts and circumstances surrounding efforts 

to sell Anchor. We further expect Mr. Fredlake will testify about matters discussed or 

raised in his investigational hearing and deposition, and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

2. Joseph Robert Ganter. Mr. Ganter is General Manager and Senior Vice President 

of the Beer Sector of Activity for Saint-Gobain Containers, Inc. We expect Mr. 

Ganter will testify about the glass container industry, as well as beer sales in North 

America for Saint-Gobain Containers, Inc. We further expect Mr. Ganter will testify 

about matters discussed or raised in his investigational hearing and deposition, and 

other matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

3. Joseph Grewe. Mr. Grewe is President and Chief Executive Officer of Saint-Gobain 

Containers, Inc. We expect Mr. Grewe will testify about the glass container industry, 

as well as the beer and spirits sectors of activity of Saint-Gobain Containers, Inc. We 

also expect Mr. Grewe to testify about the acquisition, including the reasons for the 

acquisition, the timing of the acquisition, the negotiations surrounding the acquisition, 

and any plans for integrating Saint-Gobain Containers, Inc. into Ardagh Group S.A.

We further expect Mr. Grewe will testify about matters discussed or raised in his 

investigational hearing and deposition, and other matters relevant to the allegations of 

the Complaint, the Answer, Respondents’ affirmative defenses, or the remedy to be 

entered in this case. 

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3

4. Gordon Love. Mr. Love is Vice President of Sales for Ardagh North America. We 

expect Mr. Love will testify about the glass container industry, as well as sales 

activities for spirits and beer accounts at Ardagh North America, including 

competitive bidding, price negotiations, and analyses of competition. We further 

expect Mr. Love will testify about matters discussed or raised in his investigational 

hearing and deposition, and other matters relevant to the allegations of the Complaint, 

the Answer, Respondents’ affirmative defenses, or the remedy to be entered in this 

case. 

5. Philip McPherson. Mr. McPherson is General Manager of the Food, Beverage, and 

Spirits Sector of Saint-Gobain Containers, Inc. We expect Mr. McPherson will 

testify about Saint-Gobain Containers, Inc.’s efforts to increase the efficiency of its 

operations and issues related to Ardagh’s claimed efficiencies from the acquisition. 

We also expect Mr. McPherson will testify about competition in the market for glass 

containers purchased by Distillers. We further expect Mr. McPherson will testify 

about matters discussed or raised in his investigational hearing and deposition, and 

other matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

6. Jarrell Reeves. Mr. Reeves is Vice President of Sales of the Food, Beverage, and 

Spirits Sector of Saint-Gobain Containers, Inc. We expect Mr. Reeves will testify 

about sales, customers, and competition in the market for glass containers purchased 

by Distillers. We further expect Mr. McPherson will testify about matters discussed 

or raised in his investigational hearing and deposition, if he is deposed, and other 

matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

7. J. Steven Rhea. Mr. Rhea is Senior Vice President, Strategic Development, of SaintGobain Containers, Inc. and Chairman of the Glass Packaging Institute. We expect 

Mr. Rhea will testify about corporate strategy, capacity planning, purchasing, 

marketing, corporate organization, and financial performance at Saint-Gobain 

Containers, Inc. We also expect that Mr. Rhea will testify about the glass container 

industry, competitive conditions, glass production, and supply and demand dynamics 

in the glass container industry. We also expect Mr. Rhea to testify about glass 

marketing. We further expect Mr. Rhea will testify about matters discussed or raised 

in his investigational hearing and deposition, and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

8. John Riordan. Mr. Riordan is Finance Director of Ardagh Group S.A. We expect 

Mr. Riordan will testify about Ardagh Group S.A.’s acquisition of Saint-Gobain 

Containers, Inc., including the reasons for the acquisition, the timing of the 

acquisition, the negotiations surrounding the acquisition, and any plans for integrating 

Saint-Gobain Containers, Inc. into Ardagh. We also expect Mr. Riordan will testify 

regarding the proposed efficiencies of the acquisition. We further expect Mr. Riordan 

will testify about matters discussed or raised in his investigational hearing and 

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4

deposition, and other matters relevant to the allegations of the Complaint, the 

Answer, Respondents’ affirmative defenses, or the remedy to be entered in this case. 

9. Robert Shanteau. Mr. Shanteau is Vice President of Sales, Beer Sector of Activity, 

for Saint-Gobain Containers, Inc. We expect Mr. Shanteau will testify about the glass 

container industry, as well as beer sales and customers in North America for SaintGobain Containers, Inc. We further expect Mr. Shanteau will testify about matters 

discussed or raised in his investigational hearing and deposition, and other matters 

relevant to the allegations of the Complaint, the Answer, Respondents’ affirmative 

defenses, or the remedy to be entered in this case. 

10. Niall Wall. Mr. Wall is Chief Executive Officer of Ardagh Group S.A. We expect 

Mr. Wall will testify about the glass container industry, as well as glass bottle sales to 

beer and spirits customers and potential customers. We also expect Mr. Wall to 

testify about the acquisition, including the reasons for the acquisition, the timing of 

the acquisition, the negotiations surrounding the acquisition, and any plans for 

integrating Saint-Gobain Containers, Inc. into Ardagh Group S.A. We also expect 

Mr. Wall will testify about matters discussed or raised in his investigational hearing 

and deposition, and other matters relevant to the allegations of the Complaint, the 

Answer, Respondents’ affirmative defenses, or the remedy to be entered in this case. 

11. Thomas Wieclaw. Mr. Wieclaw is Vice President of Sales for Ardagh North 

America. We expect Mr. Wieclaw will testify about the glass container industry, 

including glass container sales to customers and potential customers of Ardagh North 

America. We further expect Mr. Wieclaw will testify about matters discussed or 

raised in his investigational hearing and deposition, and other matters relevant to the 

allegations of the Complaint, the Answer, Respondents’ affirmative defenses, or the 

remedy to be entered in this case. 

12. Kenneth Wilkes. Mr. Wilkes is Chief Financial Officer of Ardagh North America. 

We expect Mr. Wilkes will testify about corporate strategy, capacity planning, 

financial performance, pricing, costs and costs drivers, contracts, and competitive 

conditions. We also expect Mr. Wilkes will testify about the sale of Anchor Glass 

Containers, Inc. to Ardagh Group S.A. We further expect Mr. Wilkes will testify 

about matters discussed or raised in his investigational hearing and deposition, and 

other matters relevant to the allegations of the Complaint, the Answer, Respondents’ 

affirmative defenses, or the remedy to be entered in this case. 

13. Samuel Wilson. Mr. Wilson is Vice President of New Product Development and 

Technical Sales of Ardagh North America. We expect Mr. Wilson will testify about 

the glass container industry, as well as product development, innovation, operations, 

and corporate quality at Ardagh North America. We further expect that Mr. Wilson 

will testify about matters discussed or raised in his investigational hearing and 

deposition, if he is deposed, and other matters relevant to the allegations of the 

Complaint, the Answer, Respondents’ affirmative defenses, or the remedy to be 

entered in this case. 

38%/,&
5

14. Norman Angel. Mr. Angel is Vice President of Moulded Glass America at 

Gerresheimer Glass, Inc. We expect Mr. Angel, or such other person from the 

organization with knowledge of these topics, will testify about Gerresheimer Glass 

Inc.’s business and operations, including the manufacturing and sales of glass 

containers by the Moulded Glass Division of Gerresheimer Glass, Inc., and the 

limited nature of any competition or potential competition between Gerresheimer 

Glass, Inc. and respondents in the manufacture and sale of glass containers to brewers 

and distillers. We further expect Mr. Angel will testify about matters discussed or 

raised in his declaration and deposition, if he is deposed. 

15. David Blossman. Mr. Blossman is the President of Abita Brewing Company. We 

expect Mr. Blossman, or such other person from the organization with knowledge of 

these topics, will testify regarding Abita Brewing Company’s purchase and use of 

packaging materials, including glass bottles, as well as marketing and brand strategy 

for Abita Brewing Company’s products. We further expect Mr. Blossman to testify 

about matters discussed or raised in his declaration and deposition. 

16. Anthony R. Caracciolo. Mr. Caracciolo is Vice President of Global Sales at OwensIllinois. We expect Mr. Caracciolo, or such other person from the organization with 

knowledge of these topics, will testify about the glass container industry, as well as 

the sales, operations, and customers of Owens-Illinois. We further expect Mr. 

Caracciolo will testify about matters raised and discussed in his investigational 

hearing and deposition, if he is deposed.

17. Philip Cissell. Mr. Cissell is Vice President of Purchasing for Sazerac Co. We 

expect Mr. Cissell, or such other person from the organization with knowledge of 

these topics, will testify regarding the purchasing of glass and plastic containers for 

Sazerac Co. We also expect Mr. Cissell will testify about matters raised and discussed 

in his declaration and deposition. 

18. John Dixon. Mr. Dixon is the Chief Operating Officer of Waterloo Container 

Company. We expect Mr. Dixon, or such other person from the organization with 

knowledge of these topics, will testify about the sourcing of packaging materials for 

beer and spirits customers in the United States, including the circumstances under 

which Waterloo Container Company seeks to source glass beer and spirits bottles 

from foreign versus domestic sources. We further expect Mr. Dixon will testify about 

the role of distributors in the competitive landscape and the commercial relationships 

between manufacturers, distributors, and brewers and distillers. In addition, we 

expect Mr. Dixon will testify about matters discussed or raised in his deposition. 

19. Judy Embree. Ms. Embree is Senior Director of Procurement at Boston Beer 

Corporation. We expect Ms. Embree, or such other person from the organization 

with knowledge of these topics, will testify about glass bottle procurement, glass 

supplier relationships and contract negotiations, and container purchasing strategy 

and marketing at Boston Beer Corporation. In addition, we expect Ms. Embree will 

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6

testify about matters discussed or raised in her declaration and deposition, if she is 

deposed.

20. Bert Filice. Mr. Filice is Senior Vice President for North American Sales at Anchor 

Hocking. We expect Mr. Filice, or such other person from the organization with 

knowledge of these topics, will testify about Anchor Hocking’s business and 

operations, including the manufacturing and sale of glass containers by Anchor 

Hocking and the limited nature of any competition or potential competition between 

Anchor Hocking and respondents in the manufacture and sale of glass containers to 

brewers and distillers. We also expect Mr. Filice will testify about matters raised and 

discussed in his declaration and deposition. 

21. John Foley. Mr. Foley is a Partner at Wayzata Investment Partners. Wayzata 

Investment Partners is a former majority-share owner of Anchor. We expect Mr. 

Foley, or such other person from the organization with knowledge of these topics,

will testify about Anchor, including the purchase and sale of Anchor by Wayzata 

Investment Partners, as well as the glass container industry. We further expect that 

Mr. Foley will testify about matters discussed or raised in his investigational hearing 

and deposition, if he is deposed. 

22. Kenneth Gamer. Mr. Gamer is President of Gamer Packaging. We expect Mr. 

Gamer, or such other person from the organization with knowledge of these topics,

will testify about Gamer Packaging’s business and operations, including the sale of 

glass, plastic, and aluminum containers. We further expect Mr. Gamer will testify 

about matters raised or discussed in his deposition. 

23. Adam Gelles. Mr. Gelles is Vice President of New Product Development and 

Purchasing at Pernod Ricard USA. We expect Mr. Gelles, or such other person from 

the organization with knowledge of these topics, will testify about purchasing, new 

product development, marketing and brand strategy, and new packaging innovations 

for Pernod Ricard USA. We further expect that Mr. Gelles will testify about matters 

discussed or raised in his declaration and deposition, if he is deposed. 

24. Hans Hartjens. Mr. Hartjens is Director of Finance at Gallo Glass Company. We 

expect Mr. Hartjens, or such other person from the organization with knowledge of 

these topics, will testify about Gallo Glass Company’s business and operations, 

including the manufacture and sale of glass containers by Gallo Glass Company and 

the limited nature of any competition or potential competition between Gallo Glass 

Company and respondents in the manufacture and sale of glass containers to brewers 

and distillers. We further expect Mr. Hartjens to testify about matters discussed or 

raised in his declaration as well as his deposition, if he is deposed. 

25. John Horan. Mr. Horan is Tax and Assistant Treasurer for the Gambrinus Company. 

We expect Mr. Horan, or such other person from the organization with knowledge of 

these topics, will testify regarding the purchase of packaging materials. We also 

expect Mr. Horan will testify regarding the Gambrinus Company’s purchase and use 

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7

of packaging materials, including glass bottles as well as the marketing and brand 

strategy of the Gambrinus Company’s products. We further expect Mr. Horan to 

testify about matters discussed or raised in his declaration as well as his deposition, if 

he is deposed. 

26. Lee Keathley. Mr. Keathley is Vice President of Procurement for the North 

American Zone of Anheuser-Busch Companies LLC, a subsidiary of Anheuser-Busch 

InBev. We expect Mr. Keathley, or such other person from the organization with 

knowledge of these topics, will testify about marketing and brand strategy, and the 

procurement of packaging for ABI beer brewed and filled in North America. We 

further expect that Mr. Keathley will testify about matters discussed or raised in his 

declaration and deposition. 

27. Kevin Keeter. Mr. Keeter is Purchasing Manager for Big Sky Brewing Company. 

We expect Mr. Keeter, or such other person from the organization with knowledge of 

these topics, will testify about the purchasing of packaging materials for Big Sky 

Brewing Company. We further expect Mr. Keeter will testify regarding the 

marketing and brand strategy for Big Sky Brewing Company. In addition, we expect 

Mr. Keeter will testify about matters discussed or raised in his declaration and 

deposition

28. William Kelman. Mr. Kelman is the Founder, Owner and Chief Executive Officer 

of Kelman Bottles LLC. We expect Mr. Kelman, or such other person from the 

organization with knowledge of these topics, will testify about Kelman Bottles LLC’s 

business and operations, including the manufacture and sale of glass containers by 

Kelman Bottles LLC prior to March 2011, when Kelman Bottles LLC ceased 

production of glass containers. We further expect Mr. Kelman to testify about matters 

discussed or raised in his declaration as well as his deposition, if he is deposed.

29. Daniel Kenary. Mr. Kenary is President and Co-Founder of Harpoon Brewery. We 

expect Mr. Kenary, or such other person from the organization with knowledge of 

these topics, will testify about the purchasing of packaging materials for Harpoon 

Brewery including negotiations with glass bottle manufacturers, as well as Harpoon 

Brewery marketing and brand strategy. In addition, we expect Mr. Kenary will testify 

about matters discussed or raised in his declaration and deposition, if he is deposed. 

30. Jeffery Krum. Mr. Krum is Chief Financial Officer at Boulevard Brewing 

Company. We expect Mr. Krum, or such other person from the organization with 

knowledge of these topics, will testify about the purchasing of packaging materials 

for Boulevard Brewing including negotiations with glass bottle manufacturers, as 

well as marketing and brand strategy. In addition, we expect Mr. Krum will testify 

about matters discussed or raised in his declaration and deposition. 

31. David Larsen. Mr. Larsen is Packaging and Materials Buyer at New Belgium 

Brewing Company. We expect Mr. Larsen, or such other person from the 

organization with knowledge of these topics, will testify about the purchasing of 

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8

packaging materials for New Belgium Brewing Company including negotiations with 

glass bottle manufacturers. We further expect Mr. Larsen will testify about matters 

discussed or raised in his declaration and deposition, if he is deposed. 

32. Gerald Lemieux. Mr. Lemieux is Chief Executive Officer of Bennu Glass LLC. We 

expect Mr. Lemieux, or such other person from the organization with knowledge of 

these topics, will testify about Bennu Glass LLC’s business and operations, including 

the manufacture and sale of glass containers by Bennu Glass LLC and the limited 

nature of any competition or potential competition between Bennu Glass LLC and 

respondents in the manufacture and sale of glass containers to brewers and 

distillers. We further expect that Mr. Lemieux will testify about matters discussed or 

raised in his declaration and deposition, if he is deposed. 

33. Peter Lijewski. Mr. Lijewski is Vice President of Procurement at Constellation 

Brands, Inc. We expect Mr. Lijewski, or such other person from the organization 

with knowledge of these topics, will testify about the purchasing of packaging 

materials for Constellation Brands, Inc., including negotiations with glass bottle 

manufacturers as well as contract bottlers. We further expect Mr. Lijewski will 

testify about marketing and brand strategy for Constellation Brands, Inc. We further 

expect that Mr. Lijewski will testify about matters discussed or raised in his 

declaration and deposition, if he is deposed. 

34. Tim Nall. Mr. Nall is Vice President at Brown-Forman Corporation. We expect Mr. 

Nall, or such other person from the organization with knowledge of these topics, will 

testify about the procurement of packaging materials, and marketing and brand 

strategy for Brown-Forman Corporation. We further expect that Mr. Nall will testify 

about matters discussed or raised in his declaration and deposition, if he is deposed. 

35. Andrew Oland. Mr. Oland is the President of Moosehead Breweries, Ltd. We 

expect Mr. Oland, or such other person from the organization with knowledge of 

these topics, will testify about the purchasing of packaging materials for Moosehead 

Breweries, Ltd., including negotiations with glass bottle manufacturers. We also 

expect Mr. Oland will testify about marketing and brand strategy for Moosehead 

Breweries, Ltd. We further expect Mr. Oland will testify about matters discussed or 

raised in his deposition.

36. Fred Piercy. Mr. Piercy is Business Director for Spirits, Wine, and Beer at Amcor 

Rigid Plastics USA, Inc. We expect Mr. Piercy, or such other person from the 

organization with knowledge of these topics, will testify about the business and 

operations of Amcor Rigid Plastics USA, including the manufacture and sale of 

plastic containers by Amcor Rigid Plastics USA and the limited nature of any 

competition or potential competition by Amcor Rigid Plastics USA and respondents 

in the sale of containers to brewers and distillers. We further expect Mr. Piercy will 

testify about matters discussed or raised in his deposition. 

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9

37. Anthony Rampley. Mr. Rampley is President and Chief Executive Officer of 

Arkansas Glass Container Corporation. We expect Mr. Rampley, or such other 

person from the organization with knowledge of these topics, will testify about the 

business and operations of Arkansas Glass Container Corporation, including the 

manufacture and sale of glass containers by Arkansas Glass Container Corporation 

and the limited nature of any competition or potential competition between Arkansas 

Glass Container Corporation and respondents in the manufacture and sale of glass 

containers to brewers and distillers. We further expect that Mr. Rampley will testify 

about matters discussed or raised in his declaration and deposition, if he is deposed. 

38. Herbert Sachs. Mr. Sachs is President of Saxco International. We expect Mr. 

Sachs, or such other person from the organization with knowledge of these topics,

will testify about the sourcing of packaging materials for beer and spirits customers in 

the United States, including the circumstances under which Saxco seeks to source 

glass beer and spirits bottles from foreign versus domestic sources. We further expect 

Mr. Sachs will testify about the role of distributors in the competitive landscape and 

the commercial relationships between manufacturers, distributors, and brewers and 

distillers. In addition, we expect Mr. Sachs will testify about matters discussed or 

raised in his deposition, if he is deposed. 

39. Leon Sharyon. Mr. Sharyon is the Chief Financial Officer of The Lagunitas 

Brewing Company. We expect Mr. Sharyon, or such other person from the 

organization with knowledge of these topics, will testify about the purchasing of 

packaging materials, marketing, and brand strategy for The Lagunitas Brewing 

Company. In addition, we expect Mr. Sharyon will testify about matters discussed or 

raised in his declaration and deposition, if he is deposed. 

40. Jim Sheehy. Mr. Sheehy is Vice President of Procurement for MillerCoors LLC. 

We expect Mr. Sheehy, or such other person from the organization with knowledge of 

these topics, will testify about the purchase of packaging materials and negotiation of 

supply agreements for glass bottles, aluminum cans, and plastic bottles by 

MillerCoors LLC for use in the United States. We further expect Mr. Sheehy to 

testify about matters discussed or raised in his declaration and deposition.

41. Albert Spinelli. Mr. Spinelli is Director of Operations at Sierra Nevada Brewing Co.

We expect Mr. Spinelli, or such other person from the organization with knowledge 

of these topics, will testify about the procurement of packaging materials for Sierra 

Nevada Brewing Co., including negotiations with glass bottle manufacturers. We 

expect Mr. Spinelli will also testify about marketing and brand strategy for Sierra 

Nevada Brewing Co. In addition, we expect Mr. Spinelli will testify about matters 

discussed or raised in his declaration and deposition, if he is deposed. 

42. Rick Thielen. Mr. Thielen is Vice President of Procurement for Diageo North 

America. We expect Mr. Thielen will testify about the procurement of packaging 

materials for Diageo North America, including negotiations with glass bottle 

manufacturers. We expect Mr. Thielen will also testify about marketing and brand 

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10

strategy for Diageo North America products. In addition, we expect Mr. Thielen will 

testify about matters discussed or raised in his deposition. 

43. Niraj Tipre. Mr. Tipre is Chief Executive Officer of Piramal Glass-USA Inc. We 

expect Mr. Tipre, or such other person from the organization with knowledge of these 

topics, will testify about the business and operations of Piramal Glass-USA, Inc. 

including the manufacture and sale of glass containers by Piramal Glass-USA, Inc. 

and the limited nature of any competition or potential competition between Piramal 

Glass-USA, Inc. and respondents in the manufacture and sale of glass containers to 

brewers and distillers. We further expect that Mr. Tipre will testify about matters 

discussed or raised in his declaration and deposition, if he is deposed. 

44. Steven Wyant. Mr. Wyant is Vice President of Sales and Marketing for Sazerac Co. 

We expect Mr. Wyant, or such other person from the organization with knowledge of 

these topics, will testify regarding Sazerac Co.’s sales, marketing, brand strategy, and 

procurement of packaging. We also expect Mr. Wyant will testify about matters 

raised or discussed in his declaration and deposition, if he is deposed. 

45. August Schell Brewing Company Representative. Complaint Counsel may call as 

a witness a representative of Founders Brewing Company who is most 

knowledgeable about the procurement of packaging materials for August Schell 

Brewing Company, including negotiations with glass bottle manufacturers. We 

expect this individual will also testify about marketing and brand strategy for August 

Schell Brewing Company products. In addition, we expect this individual will testify 

about matters discussed or raised in his or her deposition or affidavit. 

46. Bacardi USA Inc. Representative. Complaint Counsel may call as a witness a 

representative of Bacardi USA Inc. who is most knowledgeable about the 

procurement of packaging materials for Bacardi USA Inc., including negotiations 

with glass bottle manufacturers. We expect this individual will also testify about 

marketing and brand strategy for Bacardi USA Inc. products. In addition, we expect 

this individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

47. Ball Corporation Representative. Complaint Counsel may call as a witness a 

representative of Ball Corporation representative who is most knowledgeable about 

the sourcing of packaging materials for beer and spirits customers in the United 

States, including the circumstances under which Ball Corporation seeks to source 

glass beer and spirits bottles from foreign versus domestic sources. We further expect 

this individual will testify about the role of distributors in the competitive landscape 

and the commercial relationships between manufacturers, distributors, and brewers 

and distillers. In addition, we this individual will testify about matters discussed or 

raised in his or her deposition or affidavit. 

48. Beam Inc. Representative. Complaint Counsel may call as a witness a 

representative of Beam Inc. who is most knowledgeable about the procurement of 

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11

packaging materials for Beam Inc., including negotiations with glass bottle 

manufacturers. We expect this individual will also testify about marketing and brand 

strategy for Beam Inc. products. In addition, we expect this individual will testify 

about matters discussed or raised in his or her deposition or affidavit. 

49. Bruni Glass Packaging Representative. Complaint Counsel may call as a witness a 

representative of Bruni Glass Packaging who is most knowledgeable about the 

sourcing of packaging materials for beer and spirits customers in the United States, 

including the circumstances under which Bruni Glass Packaging seeks to source glass 

beer and spirits bottles from foreign versus domestic sources. We further expect this 

individual will testify about the role of distributors in the competitive landscape and 

the commercial relationships between manufacturers, distributors, and brewers and 

distillers. In addition, we this individual will testify about matters discussed or raised 

in his or her deposition or affidavit. 

50. Campari America Representative. Complaint Counsel may call as a witness a 

representative of Campari America who is most knowledgeable about the 

procurement of packaging materials for Campari America, including negotiations 

with glass bottle manufacturers. We expect this individual will also testify about 

marketing and brand strategy for Campari America products. In addition, we expect 

this individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

51. Crown Holdings Inc. Representative. Complaint Counsel may call as a witness a 

representative of Crown Holdings Inc. who is most knowledgeable about the business 

and operations, including the manufacture and sale of aluminum containers and other 

packaging by Crown Holdings Inc. and the limited nature of any competition or 

potential competition between Crown Holdings Inc. and respondents. We further 

expect that this individual will testify about matters discussed or raised in his or her 

deposition or affidavit. 

52. Deschutes Brewery Inc. Representative. Complaint Counsel may call as a witness 

a representative of Deschutes Brewing Company who is most knowledgeable about 

the procurement of packaging materials for Deschutes Brewing Company, including 

negotiations with glass bottle manufacturers. We expect this individual will also 

testify about marketing and brand strategy for Deschutes Brewing company products. 

In addition, we expect this individual will testify about matters discussed or raised in 

his or her deposition or affidavit. 

53. D.G. Yuengling and Son Representative. Complaint Counsel may call as a witness 

a representative of D.G. Yuengling and Son who is most knowledgeable about the 

procurement of packaging materials for D.G Yuengling and Son, including 

negotiations with glass bottle manufacturers. We expect this individual will also 

testify about marketing and brand strategy for D.G. Yuengling and Son products. In 

addition, we expect this individual will testify about matters discussed or raised in his 

or her deposition or affidavit. 

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12

54. Founders Brewing Company Representative. Complaint Counsel may call as a 

witness a representative of Founders Brewing Company who is most knowledgeable 

about the procurement of packaging materials for Founders Brewing Company, 

including negotiations with glass bottle manufacturers. We expect this individual will 

also testify about marketing and brand strategy for Founders Brewing Company 

products. In addition, we expect this individual will testify about matters discussed or 

raised in his or her deposition or affidavit. 

55. Frank-Lin Distillers Products Ltd. Representative. Complaint Counsel may call 

as a witness a representative of Frank-Lin Distilleries who is most knowledgeable 

about the procurement of packaging materials for Frank-Lin Distilleries, including 

negotiations with glass bottle manufacturers. We expect this individual will also 

testify about marketing and brand strategy for Frank-Lin Distilleries products. In 

addition, we expect this individual will testify about matters discussed or raised in his 

or her deposition or affidavit. 

56. FX Matt Brewing Representative. Complaint Counsel may call as a witness a 

representative of FX Matt Brewing who is most knowledgeable about the 

procurement of packaging materials for FX Matt Brewing, including negotiations 

with glass bottle manufacturers. We expect this individual will also testify about 

marketing and brand strategy for FX Matt Brewing products. In addition, we expect 

this individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

57. Genesee Brewing Company Representative. Complaint Counsel may call as a 

witness a representative of Genesee Brewing Company who is most knowledgeable 

about the procurement of packaging materials for Genesee Brewing Company, 

including negotiations with glass bottle manufacturers. We also expect this 

individual will also testify about marketing and brand strategy for Genesee Brewing 

Company products. In addition, we expect this individual will testify about matters 

discussed or raised in his or her deposition or affidavit. 

58. Graham Packaging Representative. Complaint Counsel may call as a witness a 

representative of Graham Packaging who is most knowledgeable about competition in 

the production, packaging, distribution, marketing, and selling of glass and non-glass 

beer or spirits containers, as well as the comparative costs, benefits, strengths and 

weakness of glass and non-glass packaging material. In addition, we expect this 

individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

59. Heaven Hill Distilleries, Inc. Representative. Complaint Counsel may call as a 

witness a representative of Heaven Hill Distilleries who is most knowledgeable about 

the procurement of packaging materials for Heaven Hill Distilleries, including 

negotiations with glass bottle manufacturers. We expect this individual will also 

testify about marketing and brand strategy for Heaven Hill Distilleries products. In 

38%/,&
13

addition, we expect this individual will testify about matters discussed or raised in his 

or her deposition or affidavit. 

60. Lion Brewery, Inc. Representative. Complaint Counsel may call as a witness a 

representative of Lion Brewery, Inc. who is most knowledgeable about the 

procurement of packaging materials for Founders Brewing Company, including 

negotiations with glass bottle manufacturers, for both Lion Brewery, Inc. produced 

beer and beer co-packed by Lion Brewery, Inc. We expect this individual will also 

testify about marketing and brand strategy for Lion Brewery, Inc. products. In 

addition, we expect this individual will testify about matters discussed or raised in his 

or her deposition or affidavit. 

61. Long Trail Brewery Representative. Complaint Counsel may call as a witness a 

representative of Long Trail Brewery who is most knowledgeable about the 

procurement of packaging materials for Long Trail Brewery, including negotiations 

with glass bottle manufacturers. We expect this individual will also testify about 

marketing and brand strategy for Long Train Brewery. In addition, we expect this 

individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

62. Mars & Co. Representative. Complaint Counsel may call as a witness a 

representative of Mars & Co. who is most knowledgeable about client AnheuserBusch InBev’s purchase of glass and other substrate containers, as well as client 

Anheuser-Busch InBev’s strategic approach to container sourcing. We further expect 

this individual will testify about the potential impact of the proposed acquisition of 

Saint-Gobain Containers by Ardagh Group S.A. on client Anheuser-Busch InBev. In 

addition, we expect this individual will testify about matters discussed or raised in his 

or her deposition or affidavit.

63. MillerCoors LLC. Complaint Counsel may call as a witness a representative of 

MillerCoors LLC who is most knowledgeable about consumer research and insights 

into MillerCoors LLC container choices, as well as the marketing and brand strategy 

for MillerCoors LLC. In addition, we expect this individual will testify about matters 

discussed or raised in his or her deposition or affidavit.

64. New Glarus Brewing Representative. Complaint Counsel may call as a witness a 

representative of New Glarus Brewing who is most knowledgeable about the 

procurement of packaging materials for New Glarus Brewing, including negotiations 

with glass bottle manufacturers. We expect this individual will also testify about 

marketing and brand strategy for New Glarus Brewing. In addition, we expect this 

individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

65. Oskar Blues Brewing Company Representative. Complaint Counsel may call as a 

witness a representative of Oskar Blues Brewing Company who is most 

knowledgeable about the procurement of packaging materials for Oskar Blues 

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14

Brewing Company, including negotiations with glass bottle manufacturers. We 

expect this individual will also testify about marketing and brand strategy for Oskar 

Blues Brewing Company products. In addition, we expect this individual will testify 

about matters discussed or raised in his or her deposition or affidavit. 

66. Rexam Inc. Representative. Complaint Counsel may call as a witness a 

representative of Rexam Inc. who is most knowledgeable about the business and 

operations, including the manufacture and sale of aluminum containers by Rexam 

Inc. and the limited nature of any competition or potential competition between 

Rexam Inc. and respondents. We further expect that this individual will testify about 

matters discussed or raised in his or her deposition or affidavit. 

67. Shipyard Brewing Company Representative. Complaint Counsel may call as a 

witness a representative of Shipyard Brewing Company who is most knowledgeable 

about the procurement of packaging materials for Shipyard Brewing Company, 

including negotiations with glass bottle manufacturers. We expect this individual will 

also testify about marketing and brand strategy for Shipyard Brewing Company 

products. In addition, we expect this individual will testify about matters discussed or 

raised in his or her deposition or affidavit. 

68. Sixpoint Brewery Representative. Complaint Counsel may call as a witness a 

representative of Sixpoint Brewery who is most knowledgeable about the 

procurement of packaging materials for Sixpoint Brewery, including negotiations 

with glass bottle manufacturers. We expect this individual will also testify about 

marketing and brand strategy for Sixpoint Brewery products. In addition, we expect 

this individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

69. Sweetwater Brewing Company Representative. Complaint Counsel may call as a 

witness a representative of Sweetwater Brewing Company who is most 

knowledgeable about the procurement of packaging materials for Sweetwater 

Brewing Company, including negotiations with glass bottle manufacturers. We 

expect this individual will also testify about marketing and brand strategy for 

Sweetwater Brewing Company. In addition, we expect this individual will testify 

about matters discussed or raised in his or her deposition or affidavit. 

70. United States Distilled Products Representative. Complaint counsel may call as a 

witness a representative of United States Distilled Products who is most 

knowledgeable about the business and operations, including the procurement of 

packaging materials for United States Distilled Products and negotiations with glass 

bottle manufacturers. We also expect this individual will also testify about marketing 

and brand strategy for United States Distilled Products. In addition, we expect this 

individual will testify about matters discussed or raised in his or her deposition or 

affidavit.

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15

71. Vitro Packaging LLC Representative. Complaint Counsel may call as a witness a 

representative from Vitro Packaging LLC who is most knowledgeable about the 

production, packaging, distribution, marketing and selling of glass beer or spirits 

bottles by Vitro Packaging LLC. We also expect this individual will testify about 

competition between glass packaging and other substrate manufacturers and 

distributors. In addition, we expect this individual will testify about matters discussed 

or raised in his or her deposition or affidavit. 

72. Summary Witnesses. Complaint Counsel may call as witnesses one or more 

individuals to testify regarding the preparation and admissibility of any summaries, 

charts, or calculations of voluminous writings, recordings, or photographs that cannot 

be conveniently examined in Court. 

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16

August 9, 2013 Respectfully submitted, 

 

 s/ Edward D. Hassi 

EDWARD D. HASSI 

Chief Litigation Counsel 

Federal Trade Commission 

Bureau of Competition 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

Telephone: (202) 326-2470 

Facsimile: (202) 326-2884 

Email: ehassi@ftc.gov 

Attorney for Complaint Counsel

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17

CERTIFICATE OF SERVICE 

This is to certify that on August 9, 2013, I delivered via electronic mail a copy of the 

foregoing document to: 

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.

Christine Varney 

Yonatan Even 

Athena Cheng 

Cravath, Swaine & Moore LLP 

825 Eighth Avenue 

New York, NY 10019 

(212) 474-1140 

cvarney@cravath.com 

yeven@cravath.com

acheng@cravath.com

Counsel for Respondent Saint-Gobain Containers, Inc.

August 9, 2013 By: s/ Danielle Sims 

 Attorney 

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