UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSIO 

OFFICE OF ADMINISTRATIVE LAW JUDGE 

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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) DOCKETNO. 9356 

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RESPONDENT'S MEMORANDUM IN OPPOSITION TO COMPLAINT COUNSEL'S 

MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE OF RESPONDENTS' 

POSSIBLE DIVESTITURES TO UNDETERMINED BUYERS 

December 11, 2013 

Wayne D. Collins 

Alan S. Goudiss 

Richard F. Schwed 

Lis! Dunlop 

SHEARMAN & STERLING LLP 

599 Lexington A venue 

New York, New York 1 0022 

Tel: (2 12) 848-4000 

Email: rschwed@shearman.com 

Heather L. Kafele 

SHEARMAN & STERLING LLP 

801 Pennsylvania Avenue N.W. 

Washington, DC 20004 

Tel: (202) 508-8000 

Email: hkafele@shearman.com 

Counsel for Respondent Ardagh Group, SA. 
PUBLIC 

PRELIMINARY STATEMENT 

In seeking to exclude evidence of Respondent's restructuring of the original transaction, 

Complaint Counsel depicts the restructuring as an unexpected and undefined last-ditch attempt to 

avoid litigation on the merits. This depiction is belied by the facts. Complaint Counsel has 

known of Respondent's intent to implement divestitures since September. Respondent not only 

identified the specific plants to be divested but subsequently changed the number and mix of 

plants based on feedback from Complaint Counsel. And at the time it filed its motion, Complaint 

Counsel was scheduled to meet the very next day with an interested buyer and (for the second 

time) with the management team of the proposed divestiture business ("Newco"). 

The current divestiture package was established at the October 31 Settlement Conference 

before the Court. Pursuant to the process discussed at the Settlement Conference, Respondent 

has provided senior Bureau of Competition management and Complaint Counsel with detailed 

information about the four plants in the divestiture package, detailed presentations on the Newco 

business plan, and a presentation by a sophisticated and well-capitalized interested purchaser. 

Complaint Counsel has not requested any additional information regarding these matters. 

Complaint Counsel offers no justification for the illogical result inherent in the relief it 

seeks: that the Court travel back in time and adjudicate the competitive impact of a transaction 

that will never take place. Indeed, since September, Respondent has made clear to Complaint 

Counsel that, should agreement not be reached on a divestiture to settle the case, Respondent will 

restructure the transaction and enter into a binding agreement to sell a divestiture package 

(conditional upon closing of Ardagh 's acquisition of Saint-Gobain) and defend against the 

complaint on this basis. 
PUBLIC 

FACTUAL BACKGROUND 

Since the Commission filed its administrative complaint to enjoin Ardagh's proposed 

acquisition of Saint-Gobain, Respondents have diligently sought to settle the matter. In 

September, Ardagh proposed a four-plant divestiture to the FTC staff that was designed to 

resolve the competitive concerns raised in the complaint. The FTC staff rejected Ardagh 's 

proposaL In order to facilitate the settlement process, Ardagh requested a Settlement 

Conference. At the October 31 Settlement Conference, Complaint Counsel raised certain 

concerns with Ardagh's divestiture proposal, and Ardagh agreed to amend its then-existing 

divestiture package to address those concerns. The new divestiture package includes plants 

producing beer bottles located in two geographic regions and a liquor-bottle producing plant that 

produces more liquor bottles than the plant in the original four-plant package. The process 

discussed at the Settlement Conference was that Ardagh would (1) market this package to 

potential buyers through an auction process run by Citibank and (2) present a buyer for the FTC 

staff to assess. Hewitt Decl., 4. 

Immediately following the Settlement Conference, Ardagh instructed Citibank to initiate 

a new sales process for the revised divestiture business. Hewitt Dec!.~ 5. In addition, Citibank 

worked with the Newco management team 1 to conduct diligence on the plants in the package and 

to develop a new business plan and a management presentation to buyers. Fredlake Dec!.~ 5. 

Beginning the week of November 11, prospective buyers conducted diligence and received a 

presentation on the proposed Newco business plan from the Newco management team. Hewitt 

Decl. ~ 7; Fredlake Dec!.~ 5. The management team met with the FTC staff on November 18 to 

explain their business plan and respond to operational questions about the proposed divestiture 

1 The Newco management team includes the former CEO and CFO of Ardagh North America's business, who have 

been on a leave of absence to participate in the sales process. Fred lake Dec I. 1 3, ~ 4. 

2 
PUBLIC 

business. Fredlake Decl. ~ 6. Respondents also met with the FTC staff on November 22, at 

which time the staff raised additional questions. Hewitt Decl. ~ 9. Then, on December 5, the 

Newco management team had a second meeting with FTC staff and senior Bureau management 

to provide an updated business plan and answers to the staff's operational questions. Fredlake 

Decl. ~ 7. 

Prospective buyers submitted their bid for the revised divestiture package on November 

25, and following further negotiations, three bidders were selected to be taken forward. Hewitt 

Decl. ~ 10. The three bidders have proceeded to conduct additional diligence, including plant 

tours, review of data room materials and further meetings with the management team, and 

negotiated the terms of an asset purchase agreement. Hewitt Decl. ~ 11. One of the prospective 

buyers made a detailed presentation to the FTC staff on the afternoon of December 5, following 

the Newco management meeting with the staff in the morning. 

Against this backdrop, any suggestion that Complaint Counsel lacked knowledge of the 

Newco package, the Newco business plan, the prospective buyers, or Ardagh's intent to litigate 

the restructured transaction is mind-boggling. Complaint Counsel recognized this possibility in 

its final witness list by reserving the right to "call any witness regarding any proposals to sell 

glass container plants." See Complaint Counsel Final Witness List, at 1, attached as Ex. A. 

Ardagh is continuing - as it said it would - to proceed towards obtaining an agreement for the 

sale of the Newco business, conditioned on closing of transaction. Hewitt Dec!. ,, 11. Although 

Complaint Counsel now suggests in its motion-filed the day before the second meeting with the 

Newco management team and the first meeting with a prospective buyer-that a sale of four 

plants is unlikely to eliminate its concerns, this goes to the competitive merits of the restructured 

transaction, not the fact that the restructuring will occur. 

..., 

.) 
PUBLIC 

ARGUMENT 

I. The Court Should Not Issue An Advisory Opinion On A Transaction That Will Not 

Be Implemented 

Complaint Counsel's motion is premised on the fact that a divestiture agreement has not 

been signed with a definitive buyer. But that fact does not and cannot require the parties to 

litigate and the Court to adjudicate a transaction that Respondent took off the table months ago. 

Far from a hypothetical promise, Respondent has articulated a divestiture plan that it will 

effectuate with or without a consent decree? That an agreement has yet to be signed cannot 

possibly trigger the automatic rewind button that Complaint Counsel is asking this Court to 

press. 

Nor does the law support such an illogical proposition. To the contrary, courts have 

consistently held that merging parties may restructure their transaction and that the merits of the 

restructured transaction will be adjudicated at trial. In FTC v. Libbey, Inc., the district com1 in a 

preliminary injunction proceeding rejected an effort by the FTC to exclude evidence of a 

restructured transaction and to have the court evaluate the original transaction: 

[T]he Court concludes that parties to a merger agreement that is being challenged 

by the government can abandon that agreement and propose a new one in an 

effort to address the government's concerns. And when they do so under 

circumstances as occurred in this case, it becomes the new agreement that the 

Court must evaluate in deciding whether an injunction should be issued. 

211 F. Supp. 2d 34, 46 (D.D.C. 2002). After the court entered the preliminary injunction, the 

defendants restructured aspects of the transaction a second time and sought to vacate the 

preliminary injunction. See Order at l-2, FTC v. Libbey, Inc., No. 02-0060 (D.D.C. May 20, 

2 Respondent remains willing to continue good faith settlement negotiations with Complaint Counsel and senior 

Bureau Management, including making changes to the divestiture package in response to such discussions. 

4 
PUBLIC 

2002). Significantly, in denying the defendants' motion to vacate the preliminary injunction, the 

court took evidence and considered the merits of the second revised transaction. !d. at 3. 

The Libbey rule that courts should adjudicate the current transaction rather than the 

transaction on which the complaint was originally filed is eminently sensible. First, it pennits 

the merging parties to eliminate the allegedly anticompetitive aspects of their transaction, litigate 

the merits of the new transaction, and, if the court agrees that the restructuring did, in fact, 

eliminate any anticompetitive concerns, proceed with the restructured transaction and receive the 

benefits of their revised transaction, including efficiencies that might accrue to the benefit of 

customers. Second, the rule conserves significant resources, since otherwise the parties before 

the court would have to litigate the original transaction and then, if the plaintiff is successful, 

come back and litigate the restructured transaction. Third, the rule avoids advisory opinions, 

since a restructured transaction means that the original transaction will never happen. 

Not surprisingly, Complaint Counsel does not dispute the Libbey rule, but argues instead 

that the rule does not apply here because Respondent does not yet have a signed definitive 

purchase agreement. But neither the authority nor the public policy behind the Libbey rule 

supports such a proposition. ln the few cases where courts have excluded evidence, it has been 

where the proposed divestiture was ill-defined and unformed. In Chemetron Corporation v. 

Crane Co. , for example, defendant's offer to sell one of its businesses "was made in the midst of 

the hearing" and "[ n ]o specificity attended it," prompting the court to conclude that "such 

undefined proposals should not be considered in the heat of a hearing for a preliminary 

injunction." 1977 WL 1491 , at *7 (N.D. Ill. Sept. 8, 1977). That is certainly not the case here. 

Despite Complaint Counsel's self-serving adoption of the catch-phrase "in the heat of a hearing," 

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PUBLIC 

Respondent's restructuring cannot be compared to the off-hand, last-ditch offer made during the 

preliminary injunction hearing in Chemetron.3 

The Libbey decision, which post-dates Chemetron and Consolidated Gold Fields, makes 

clear that when a matter cannot be settled, courts should consider a respondent's "good faith 

effort to address the FTC's concerns" because doing so is "consistent with the policies 

underlying Section 7. See Libbey, 211 F. Supp. 2d at 46 n.27. Similarly, in FTC v. Arch Coal, 

Inc., the court rej ected the FTC's argument that evidence of the divestiture should be excluded 

because of the possibility that the post-merger divestiture at issue could be renegotiated, finding 

sufficient the fact that "senior officers ha[ d] affirmed their intent to consummate all aspects of 

the transaction ... " Memorandum Opinion at 5, No. 04-0534 (JDB) (July 7, 2004). 

There is no question of Respondent's good faith or diligence here. Respondent has been 

seeking to settle the case since the day after the administrative complaint was filed. The task has 

been especially difficult, since the FTC staff has insisted that they cannot even begin to evaluate 

whether a divestiture package could be acceptable in the absence of a buyer. Nonetheless, as 

Complaint Counsel is well aware, Ardagh's efforts to restructure its transaction are very 

advanced, the sales process is on track, and Ardagh is diligently working to have an agreement in 

place. 

At the end of the day, there is no merit to Complaint Counsel's suggestion that 

Respondent would ask the Court to rule on an undefined transaction. Just as Respondent does 

not expect the Court to adj udicate a transaction that is no longer on the table, Respondent is not 

3 Similarly unavailing is Complaint Counsel's reliance on Consolidated Gold Fields, Inc. v. Newmont Mining Corp., 

where the court specified that defendants' announced intention of selling certain mines after the takeover "should be 

accorded no weight in a preliminmy injunction hearing" because the acquiring finn did not yet control one of the 

mines. 698 F. Supp. 487, 502 (S.D.N.Y. 1988), rev'd in part on other grounds, 871 F.2d 252 (2d Cir. 1989) 

(emphasis added). Not only is this matter well past the preliminary injunction stage, but cou11s since Consolidated 

Gold Fields, like the court in FTC v. Arch Coal, Inc., discussed infra, have rejected the notion that a post-merger 

remedy must be consummated before it can be considered. 

6 
PUBLIC 

asking the Court to adjudicate a hypothetical future transaction. Rather, Respondent will only 

offer evidence once an agreement is in place. 

II. Complaint Counsel WiU Not Be Prejudiced By Admitting Evidence of A Divestiture 

In an effort to salvage its motion, Complaint Counsel contends that because discovery has 

closed, it would be prejudiced if its motion were denied. This argument fails for multiple 

reasons. First, Complaint Counsel has not been blindsided by the divestiture-they have 

received substantial informal discovery regarding the divestiture package, the management team 

that will operate the business, the business plan, and interested buyers. Indeed, Complaint 

Counsel appears to have had sufficient information about the proposed divestiture to discuss it 

"with a broad array of market participants" and reach a preliminary view on it. See Motion at 3, 

n.S. Moreover, Complaint Counsel's purported prejudice rings hollows given that their final 

witness list, served on November 1, recognized the potential need to introduce evidence on a 

divestiture by reserving the right to "call any witnesses regarding any proposals to sell glass 

container plants ... " See Ex. A at I. 

While Complaint Counsel now cries prejudice, if it believes it needs formal discovery on 

any aspect of the divestiture, it should have sought it. At the Settlement Conference, Ardagh 

stated that it would have no objections to such discovery. And Respondent maintains that 

position- namely, once a definitive purchase agreement is signed, Respondent agrees to 

expedited discovery of the final buyer and the terms of the agreement, adjusting the trial 

schedule if necessary. The discovery should not be unduly burdensome, since discovery will 

largely serve to memorialize what Complaint Counsel already knows: the plants in the 

divestiture package, the experience and qualifications of the Newco management team, and the 

Newco business plan. As such, Complaint Counsel will not be deprived of the opportunity to 

7 
PUBLIC 

take that discovery, and any potential prejudice resulting from Respondent's inability to provide 

a copy of the final agreement or identify the final buyer at this juncture is moot. 

CONCLUSION 

For the foregoing reasons, the FTC's Motion In Limine to Exclude Any Evidence of 

Respondents' Possible Divestitures to Undetermined Buyers should be denied with prejudice in 

its entirety. 

Dated: December 11,2013 

8 

Respectfully submitted, 

SHEARMAN & STERLING LLP 

By: Is/ 

Heather L. Ka ele 

801 Pennsylvania Avenue N.W. 

Washington, DC 20004 

Tel: (202) 508-8000 

Email: hkafele@shearman.com 

Wayne D. Collins 

Alan S. Goudiss 

Richard F. Schwed 

Lis! Dunlop 

599 Lexington A venue 

New York, New York I 0022 

Tel: (212) 848-4000 

Email: rschwed@shearman.com 

Counsel.for Re.spondent Ardagh Group, SA. 
 1 

CERTIFICATE OF SERVICE 

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

12, 2013, I caused the foregoing document to be filed using the FTC’s E-Filing System, which 

will send notifications of such filing to: 

Donald S. 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 Avenue, 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 

ahamilton1@ftc.gov 
 2 

Complaint Counsel

Christine Varney 

Yonatan Even 

Athena Cheng 

Rory Leraris 

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

 Counsel for Respondents Compagnie 

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

December 12, 2013 By: /s/ Jason M. Swergold

 Jason M. Swergold 

CERTIFICATE FOR ELECTRONIC FILING 

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

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

available for review by the parties and the adjudicator. 

December 12, 2013 By: /s/ Jason M. Swergold

 Jason M. Swergold 
EXHIBIT A 
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 

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
2

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 
3

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 
4

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. 
5

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. 
6

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. 
7

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, 
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 
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.
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 
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, 
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 
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. 
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
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 
16

Counsel for Respondent Saint-Gobain Containers, Inc.

November 1, 2013 By: /s/ Devon Kelly 

 Litigation Support Specialist