OR\G\NAL PUBLIC

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 

PUBLIC 

DOCKET NO. 9356 

Saint-Gobain Containers, Inc., 

a corporation. 

COMPLAINT COUNSEL'S REQUESTS FOR ADMISSIONS 


TO RESPONDENT ARDAGH GROUP S.A. 


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

Definitions and Instructions set forth below, Complaint Counsel hereby requests that Respondent 

Ardagh Group S.A. admit within ten (1 0) days the following: 

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


package their beer in glass containers. 


2. 	 Admit that, from 2008 to 2013, the Company has bid to supply (through an informal or 

formal bid), either directly or through a distributor, glass containers to a craft brewer 

located in California. 

3. 	 Admit that, from 2008 to 2013, the Company has bid to supply (through an informal or 

formal bid), either directly or through a distributor, glass containers to a craft brewer 

located in Washington. 

4. 	 Admit that, from 2008 to 2011, the Company has bid to supply (through an informal or 

formal bid), either directly or through a distributor, glass containers to a craft brewer 

located in Oregon. 

5. 	 Admit that, in 2005, more than { } of the gross output, measured by unit sales, from 

the Company's plant in Shakopee, Minnesota was beer bottles. 

6. 	 Admit that, in 2006, less than { } of the gross output, measured by unit sales, from 

the Company's plant in Shakopee, Minnesota was beer bottles. 

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7. 	 Admit that, in 2005, more than { } ofthe gross output, measured by unit sales, from 

the Company's plant in Elmira, New York was beer bottles. 

8. 	 Admit that, in 2006, less than { } ofthe gross output, measured by unit sales, from 

the Company's plant in Elmira New York was beer bottles. 

9. 	 Admit that the Company bid to supply { } , either directly or 

through a distributor, from the Company's plant in Warner Robbins, Georgia in 2012. 

10. Admit that craft beer bottles and mass beer bottles can be manufactured in the same plant. 

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

furnace and same individual setting machine. 

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

} in 2009. 

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

} in 2012. 

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

} in 2013. 

15. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distributor, { } in 2011. 

16. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distributor, { } in 2012. 

17. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distributor, { } in 2013. 

18. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distributor, { } in 2010. 

19. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distrihutor, { } in 2012. 

20. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distributor, { } in 2012. 

21. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distributor, { } in 2012. 

22. Admit that the Company bid to supply (through an informal or formal bid), either directly 

or through a distributor, { } in 2009. 

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

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

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DEFINITIONS 


1. 	 The terms "Ardagh Group S.A.," "the Company," "you," or "your" mean Ardagh Group 

S.A., its domestic and foreign parents, predecessors, divisions, subsidiaries, affiliates, 

·partnerships, and joint ventures, and all directors, officers, employees, agents, and 

representatives ofthe foregoing. The terms "subsidiary," "affiliate," and "joint venture" 

refer to any person in which there is partial (i.e., 25 percent or more) or total ownership 

or control between the Company and any other person. 

2. 	 The terms "craft beer," "craft brewery," and "mass beer" have the same meaning as used 

in the Expert Report ofDr. Chetan Sanghvi filed in Federal Trade Commission v. Ardagh 

Group S.A., Civil Action No. 1:13-cv-0 1021 (RMC) filed in District Court for the 

District of Columbia on September 4, 2013. 

INSTRUCTIONS 

1. 	 Provide separate and complete sworn written responses for each Request for Admission 

("Request"). 

2. 	 Your answers to any Request must include all information within your possession, 

custody, or control, including information reasonably available to you and your agents, 

attorneys, or representatives. You may not give lack of information or knowledge as a 

reason for failure to admit or deny unless you state that you have made reasonable inquiry 

and that the information known or readily obtainable by you is insufficient to enable you 

to admit or deny the matter. 

3. 	 A Request will be deemed admitted unless, within ten days of service ofthis request, you 

serve a sworn written answer to the Request. 

4. 	 Your answer should specifically admit or deny the Request or set forth in detail the 

reasons why you cannot truthfully admit or deny it after exercising due diligence to secure 

the information necessary to make a full and complete answer, including a description of 

all efforts you made to obtain the information necessary to answer the Request fully. 

5. 	 If you object to a portion or an aspect of any Request, state the grounds for your objection 

with specificity and respond to the remainder ofthe Request. 

6. 	 When good faith requires that you qualify your answer or deny only a part ofthe matter of 

which an admission is requested, specify so much of it as is true and qualify or deny the 

remainder. 

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7. 	 Ifyou consider that a matter ofwhich an admission has been requested presents a genuine 

issue for trial, you may not, on that ground alone, object to the request; instead, you must 

deny the matter or set forth reasons why you cannot admit or deny it. 

8. 	 Answer each Request fully and completely based on the information and knowledge 

currently available to you, regardless of whether you intend to supplement your response 

upon the completion ofdiscovery. 

9. 	 If in answering any Request you claim ambiguity in either the Request or any applicable 

definition or instruction, identify in your response the language you consider ambiguous 

and state the interpretation you are using in responding. 

10. Each Request is continuing in nature and requires prompt amendment of any prior 

response ifyou learn, after acquiring additional information or otherwise, that the 

response is in some material respect incomplete or incorrect. See 16 C.F.R. § 3.31(e). 

11. Ifyou object to any Request or any portion of any Request on the ground that it requests 

information that is privileged (including the attorney-client privilege) or falls within the 

attorney work product doctrine, state the nature ofthe privilege or doctrine you claim and 

provide all other information as required by 16 C.F.R. § 3.38A. · 

12. Whenever a Request is stated in the conjunctive, it shall also be taken in the disjunctive, and 

vice versa. 

13. Whenever a Request is stated in the singular, it shall also be taken in the plural, and vice 

versa. 

14. Estimated dates should be given when, but only when, exact dates cannot be supplied. Any 

estimates should be identified as such. 

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September 12, 2013 

PUBLIC 

Respectfully submitted, 

sf 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 


Attorneyfor Complaint Counsel 

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CERTIFICATE OF SERVICE 

I hereby certify that on September 12,2013, I filed the foregoing document electronically 

using the FTC's E-Filing System, which will send notification 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 ofthe 

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 ofthe foregoing document to: 

Alan Goudiss 

Dale Collins 

Richard Schwed 

Lisl Dunlop 

Shearman & Sterling LLP 

599 Lexington A venue 

New York, NY 10022 

(202) 848-4906 

agoudiss@shearman.com 

wcollins@shearman.com 

rschwed@shearman.com 

ldunlop@shearman.com 

Counselfor Respondent Ardagh Group S.A. 

Christine V amey 

Y onatan Even 

Athena Cheng 

Cravath, Swaine & Moore LLP 

825 Eighth A venue 

New York, NY 10019 

(212) 474-1140 

cvamey@cravath.com 

yeven@cravath.com 

acheng@cravath.com 

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Counselfor Respondent Saint-Gobain Containers, Inc. 

CERTIFICATE FOR ELECTRONIC FILING 

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

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

is available for review by the parties and the adjudicator. 

September 12, 2013 By: 	 s/ Angelike Mina 

Attorney 

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