Case 1:13-cv-01021-BJR Document 150 Filed 11/08/13 Page 1 of 3

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. Case No. 13-CV-1021 (BJR) 

ARDAGH GROUP, S.A., 

COMPAGNIE DE SAINT-GOBAIN, and 

SAINT-GOBAIN CONTAINERS, INC., 

Defendants. 

STIPULATION AND ORDER 

WHEREAS, plaintiff, the Federal Trade Commission (the "Commission"), filed the 

above-captioned action on July 2, 2013 and moved for, among other relief, a preliminary 

injunction (the "Pending Motion") enjoining Defendant Ardagh Group, S.A. from acquiring 

Defendant Saint-Gobain Containers, Inc. from Defendant Compagnie de Saint-Gobain 

(collectively, "Defendants," and, together with the Commission, the "Parties"); 

WHEREAS, on July 2, 2013, Defendants entered into a stipulation with the Commission 

agreeing that Defendants would not consummate the contemplated acquisition of Saint-Gobain 

Containers, Inc. (the "Proposed Transaction") until two business days after the Comi's ruling on 

the Pending Motion; 

WHEREAS, the hearing on the Pending Motion was scheduled to begin on October 17, 

2013; 

WHEREAS, the above-captioned action was stayed on October 1, 2013 for the duration 

of the federal government shutdown that began that day; 
Case 1:13-cv-01021-BJR Document 150 Filed 11/08/13 Page 2 of 3

WHEREAS, upon resolution of the federal government shutdown, the hearing on the 

Pending Motion was rescheduled to begin on November 25, 2013; 

WHEREAS, the merits trial in the related action, In the Matter of Ardagh, Docket 

No. 9356 (the "Administrative Action"), is scheduled to begin in front of an Administrative Law 

Judge (the "ALJ") on December 19,2013, less than one month after the hearing on the Pending 

Motion is scheduled to commence; and 

WHEREAS, on October 31, 2013, the Parties participated in a settlement conference in 

the Administrative Action in front of the ALJ and wish to continue their efforts to resolve the 

dispute; 

NOW, THEREFORE, SUBJECT TO THE APPROVAL OF THE COURT, IT IS HEREBY 

STIPULATED AND AGREED: 

I. Defendant Ardagh Group, S.A. shall not consummate any acquisition of any 

stock, assets, or other interest in Defendant Saint-Gobain Containers, Inc. until the earlier of: (i) 

the first business day after the Commission accepts for public comment an agreement containing 

a consent order in the Administrative Action, or (ii) the completion of the Administrative Action, 

including all appeals. 

2. Defendants shall take any and all necessary steps to prevent any of their domestic 

or foreign agents, divisions, subsidiaries, affiliates, partnerships, or joint ventures !rom 

consummating any such sale or acquisition, except as provided in paragraph I hereto. 

3. This action is stayed pending fmiher order of the Court. 

4. This Stipulation and Order is without prejudice to any rights or defenses that any 

Defendant may have. 

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Case 1:13-cv-01021-BJR Document 150 Filed 11/08/13 Page 3 of 3

5. The stay set forth in this Stipulation and Order does not apply to the 

Administrative Action, which will remain scheduled to commence on December 19,2013. 

6. Any Party may move to amend this Stipulation and Order or seek any other relief 

at any time upon proper notice provided, however, that, unless all other parties agree otherwise, 

any hearing on the Pending Motion shall not take place sooner than 30 days after a motion to 

amend and dissolve the stay is granted. 

Dated: New York, New York 

November 7, 2013 

SHEARMAN & STERLING LLP 

By: Is! Richard F. Schwed 

Richard F. Schwed (pro hac vice) 

Alan S. Goudiss (pro hac vice) 

Heather L. Kafele 

599 Lexington Avenue 

New York, New York 10022 

Tel: (212) 848-4000 

Email: rschwed@shearman.com 

Counsel for Defendant Ardagh Group, SA. 

~ SO ORDERED this$_ day of November, 2013 

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FEDERAL TRADE COMMISSION 

By: Is/ 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 

Counselfor Plaint!f!