I 

L 

I 

' 

! 

. t 

1 

PUBLIC VERSION 

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 

* 

Compagnie de Saint-Gobain, a corporation, * 

and * 

* 

Saint-Gobain Containers, Inc., * 

a corporation. * 

* 

******************************************* 

NON-PARTY ABITA BREWING CO.'S MOTION 

FOR IN CAMERA TREATMENT OF PROPOSED EVIDENCE 

Pursuant to Rule 3.45 of the Federal Trade Commission's Rules of Practice, 16 C.F.R. § 

3 .45(b ), non-party Abita Brewing Company ("Abita") respectfully submits this motion for in 

camera treatment of certain competitively-sensitive, confidential business documents and certain 

deposition testimony regarding competitively-sensitive, confidential information. These 

documents were produced in response to third-party subpoenas in this matter, and the Federal 

Trade Commission ("FTC") and Ardagh Group, S.A., Compagnie de Saint-Gobain, and SaintGobain Containers, Inc. (collectively, "Respondents'') have now notified Abita that they intend 

1 
' l 

! 

i 

I 

[ 

I 

{ 

I PUBLIC VERSION 

to introduce the documents and deposition testimony that are the subject of this motion into 

evidence at the administrative trial in this matter. See Letter from the Federal Trade Commission 

dated November 19, 2013 (attached as Exhibit A); Letter from Counsel for Respondents, dated 

November 19,2013 (attached as Exhibit B). 

All of the materials that are the subject of this motion (and noting that not all the 

materials that the FTC and the Respondents seek to enter into evidence are the subject of this 

motion) are confidential business documents or deposition testimony regarding confidential 

business information, such that if they were to become part of the public record, Abita would be 

seriously harmed in its ability to obtain competitive pricing for its glass bottles and would further 

be harmed in its ability to compete in the marketplace. For reasons discussed in this motion, 

Abita requests that this Court afford its confidential business information in camera treatment for 

a period of ten years. In support of this motion, Abita relies on the Affidavit of David Blossman, 

attached as Exhibit C, which provides additional details on the documents and information for 

which Abita seeks in camera treatment. 

I. The Documents and Deposition Testimony for which Abita Seeks Protection 

Abita seeks in camera treatment for the following documents, copies of which are 

attached as Exhibit D. 

PX4236 NIA ABIT A000594 

2 
PUBLIC VERSION 

PX4240 Abita's Glass Supply March 20, 2012 ABIT A000665-671 

Agreement with Gamer 

Packaging (and email 

regarding the same) 

PX4253 OI's Bid Proposal to Supply February 24, 2012 ABIT A000803-808 

Glass Bottles to Abita (and 

email regarding the same) 

PX4278 Abita's Draft Glass Purchase July 10, 2012 ABITA002001-2040 

and Supply Agreement with 

Saint-Gobain (and email 

regarding the same) 

PX4284 Abita's Executed Glass August 6, 2012 ABITA002199-2234 

Purchase and Supply 

Agreement with Saint-Gobain 

(and email regarding the same) 

PX4287 Saint-Gobain's Bid Proposal to June 18, 2012 ABITA002392-2448 

Supply Glass Bottles to Abita 

(and email regarding the same) 

PX4292 Email Communication May 29,2013 ABITA002882 

between Abita and SaintGobain Regarding Predicted 

Glass Requirements in 2013 

and 2014 

PX4305 Email Communication from December 29, 2011 ABITA004138-4139 

Vitro to Abita Regarding 

Corrected Price Increase for 

Glass Bottles 

PX4306 Email Communication from October 27, 2011 ABITA004198-4200 

Vitro to Abita Regarding Price 

Increase for Glass Bottles 

Paragraphs 6, Declaration of David April23, 2013 NIA 

9 and 10 of Blossman made pursuant to 28 

PX5004 u.s.c. § 1746 wherein 

paragraph 6 relates to Abita's 

profit margins on canned beer 

versus bottled beer; paragraph 

9 relates to business strategies 

and decisions to utilize certain 

suppliers; and paragraph 10 

relates to bid proposals 

submitted to Abita by glass 

suppliers. 

3 
. I 

PUBLIC VERSION 

Abita also seeks in camera treatment for the following excerpts from the deposition 

testimony of David Blossman taken on August 15, 2013 (PX6017), copies of said excerpts are 

attached as Exhibit E. 

45:24-46:7 

89:6-17 

96:12-97:1 

97:14-17 

148: 7-13 

148:19-149:4 

149:8 

151:7-8 

151:14-153:24 

154:3 

158:12-20 

177:25-178:1 

178:9-179:3 

180:3-182: 1 

and expense incurred by Abita m 

Testimony regarding Abita's profit margins on canned beer versus 

bottled beer. 

Testimony regarding Abita's business strategies and decisions to 

utilize certain · 

Testimony regarding Abita's business strategies and decisions to 

utilize certain · 

Testimony regarding confidential exhibit PX4287 (Saint-Gobain's 

Bid ~ .. "''""" 

Testimony regarding confidential exhibit PX4253 (OI's Bid 

regarding confidential exhibit PX4253 (OI's Bid 

Testimony regarding confidential exhibit PX4236 (Abita's Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4236 (Abita's Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4236 (Abita's Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4236 (Abita's Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4292 (Email 

Communication between Abita and Saint-Gobain Regarding 

Predicted Glass in 2013 and 20 

Testimony regarding confidential exhibit PX4292 (Email 

Communication between Abita and Saint-Gobain Regarding 

Predicted Glass in 2013 and 201 

Testimony regarding confidential exhibit PX4305 (Email 

Communication from Vitro to Abita Regarding Corrected Price 

Increase for Glass 

4 
PUBLIC VERSION 

II. Abita's Documents are Secret and Material Such That Disclosure Would Result 

in Serious Injury 

Material may be given in camera treatment when its "public disclosure will likely result 

in a clearly defined, serious injury to the person, partnership, or corporation requesting" such 

treatment. 16 C.P.R. § 3.45(b). The proponent of in camera treatment demonstrates serious 

injury by showing that the documents or information are secret and that they are material to the 

business. In re Dura Lube Corp., Dkt. No. 9292, 199 FTC LEXIS 255, *6 (December 23, 1999) 

(internal citations omitted). In considering both secrecy and materiality the following factors 

should be weighed: (1) the extent to which the information is known outside of the business; (2) 

the extent to which it is known by employees and others involved in the business; (3) the extent 

of measures taken to guard the secrecy ofthe information; (4) the value of the information to the 

business and its competitors; (5) the amount of effort or money expended in developing the 

information; and ( 6) the ease or difficulty with which the information could be acquired or 

duplicated by others. Id. at *6-*7 (citing Bristol-Meyers Co., 90 F.T.C. 455,457 (1977)). 

The documents and testimony at issue are both secret and material to Abita's business.1 

The documents and testimony at issue contain information of competitive significance to Abita, 

such as the terms and pricing negotiated with its glass suppliers and prospective glass suppliers, 

Abita's profit margins of its bottled and canned beer, the costs associated with Abita's 

installation of its innovation canning line, and Abita's business strategies regarding its decision 

to utilize certain suppliers. See Blossman Dec. at ~~ 4-7. Such information is not widely known 

outside of Abita, and specifically, not known to anyone besides David Blossman and the few key 

Abita personnel privy to this information. See Blossman Dec. at ~3. Because only a few key 

Abita personnel are privy to the aforementioned documents, it would be extremely difficult, if 

1 For a discussion of each document and deposition excerpt, see Declaration ofDavid Blossman, President of Abita, 

attached as Exhibit C (hereinafter "Blossman Dec."). 

5 
i 

I 

I 

I 

i 

l 

I 

j 

I 

-I 

! 

PUBLIC VERSION 

not impossible for Abita's competitors or other suppliers to access or recreate the information 

contained in the documents. Id 

Further, when the documents were initially produced to the FTC and Respondents 

pursuant the compulsory subpoena, Abita took steps to maintain the confidentiality of said 

documents by designating the documents _"Confidential" as per the Protective Order issued by 

the Court on July 9, 2013. Id Additionally, when confidential information, including the 

aforementioned confidential documents, was discussed during David Blossman's deposition of 

August 15, 2013, counsel for Abita lodged objections to the public disclosure of said information 

and specifically identified the information as confidential on the record. Id Clearly, the 

aforementioned documents and deposition excerpts are secret, and thus in camera treatment is 

appropriate. 

Abita relies upon the highly negotiated pricing of its materials and equipment (including, 

specifically, the pricing of the glass bottles it procures from its suppliers and the cost of Abita's 

canning line) to remain competitive in the marketplace. See Blossman Dec. at Ti 4-7. As such, 

the aforementioned documents and deposition excerpts are highly material, and the information 

would be extremely valuable to other potential glass suppliers and Abita's competitors as it 

would provide behind-the-scenes insight into Abita's sales, pricing, profit margins, business 

strategies and negotiation strategies, all of which are highly confidential and unavailable to the 

public. Id 

Clearly, the disclosure of the aforementioned information would likely result in the loss 

of a business advantage to Abita. See In re Dura Lube Corp., 199 FTC LEXIS at *7 ("The likely 

loss of business advantages is a good example of a 'clearly defmed, serious injury.'"). For 

example, if third-party glass suppliers are able to view the terms and conditions of Abita's 

6 
PUBLIC VERSION 

current glass supply contracts, they could use that information to leverage better glass prices for 

themselves during future bid proposals and contract negotiations. !d. at ~ 5. Furthermore, if 

Abita's competitors know the cost and business strategy decisions behind the implementation 

and installation of Abita's innovative canning line, they can then use that information to decide 

whether to also install a similar canning line and to also obtain a better price for the installation, 

thus injuring Abita's ability to compete in the marketplace. !d. Moreover, if competitors or 

certain glass suppliers knew Abita's strategic business decisions and reasons for choosing certain 

glass suppliers, it would likely harm Abita in its future glass supply negotiations and in the 

marketplace. !d. 

Finally, Abita's status as a third-party is relevant to the treatment of its documents and 

deposition excerpts. The Commission has held that "[t]here can be no question that the 

confidential records of businesses involved in Commission proceedings should be protected 

insofar as possible." HP. Hood & Sons, Dkt. No. 7709, 1961 FTC LEXIS 368, *4-5 (Mar. 14, 

1961 ). This is especially so in the case of a third-party, which deserves "special solitude" in its 

request for in camera treatment for its confidential business information. See In re Kaiser 

Aluminum & Chem. Corp., Dkt. No. 9080, 1984 FTC LEXIS 60, *2-3 (May 25, 1984)("As a 

policy matter, extensions of confidential information or in camera treatment in appropriate cases 

involving third party bystanders encourages cooperation with future adjudicative discovery 

request."). Abita's third-party status therefore weighs in favor of granting in camera status to its 

documents. 

UI. Protection for the Confidential Documents Warrants Protection for Ten Years 

The aforementioned information contains core business information, supplier 

information, pricing, cost and profit margin information, business strategies and negotiating 

7 
·I 

·I 

i 

! 

i 

i 

I 

PUBLIC VERSION 

strategies that are vital to Abita's competitive position. As described further in the Declaration 

of David Blossman, in order to protect Abita's competitive position in future negotiations with 

its glass suppliers, Abita respectfully requests that the identified documents and deposition 

excerpts be afforded in camera protection for a period of ten years. !d. at~ 8. 

IV. Conclusion 

For the reasons set forth above and in the Declaration of David Blossman, Abita 

respectfully requests that this court grant in camera treatment for a period of ten years for the 

documents and deposition excerpts identified herein. 

MOND • A A (Reg. #33,643) 

EMILY L. GORDY (Reg. #66,917) 

Carver, Darden, Koretzky, Tessier, 

Finn, Blossman & Areaux, L.L. C. 

1100 Poydras Street, Suite 31 00 

New Orleans, Louisiana 70163 

Telephone: 504-585-3821 

Facsimile: 504-585-3801 

E-mail: areaux@carverdarden.com 

Attorneys for Abita Brewing Company 

8 
.] 

I 

PUBLIC VERSION 

CERTIFICATE OF SERVICE 

I hereby certify that on December 6, 2013 the foregoing document was served on the 

following in the manner indicated: 

VIA FEDERAL EXPRESS - Original, one copy and electronic copy 

Office ofthe Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. 

RoomH-135 

Washington, D.C. 20580 

VIA FEDERAL EXPRESS - One copy and electronic copy 

The Honorable D. Michael Chappell 

Chief Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave, N.W. 

RoomH-110 

Washington, D.C. 20580 

VIA ELJj:CTRONIC MAIL- Electronic copy 

Mark Lanpher 

Shearman & Sterling LLP 

801 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004 

Mark.Lanpher@shearman.com 

VIA ELECTRONIC MAIL- Electronic copy 

James Abell 

Bureau of Competition 

Federal Trade Commission 

601 New Jersey Ave, N.W. 

Washington, D.C. 20001 

jabell@FTC.gov 

4841-9847-0167, v. I 

9 
PUBLIC VERSION 

EXHIBIT A 

LETTER FROM THE FEDERAL TRADE COMMISSION 

DATED NOVEMBER 19,2013 
BUREAU Of COMPETmON 

MERGERS II DIVISION 

James Abell 

Bureau of Competition 

Federal Trade Commission 

601 New Jersey Ave, N.W. 

Washington, DC 20001 

(202) 326-2289 

jabell@FTC.gov 

Via Federal Express 

Emily Lippold Gordy, Esq. 

Carver Darden LLC 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 2Q580 

November 19, 2013 

11 00 Poydras Street, Suite 3100 

New Orleans, LA 70163 

RE: In the Matter of Ard{lgh Group S.A., and SaintGobain Containers, Inc., and Compagnie de Saint 

Gobain, Docket No. 9356 

Dear Ms. Gordy: 

By this letter we are providing formal notice, pursuantto Rule 3.45(b) of the 

Commission's Rules of Practice, 16 C.F.R § 3.45(b), that Complaint Counsel intends to offer the 

documents and testimony referenced in the enclosed Attachments A and B into evidence in the 

administrative trial in the above-captioned matter. Please note that the list of deposition 

designations in Attachment B does not include any of Complaint Counsel's counter-designations, 

if any, which are not due until November 25,2013. 

The administrative trial is scheduled to begin on December 19,2013. All exhjbjts 

admitted into evidence become part of the public record unless Administrative Law Judge D. 

Michael 'Chappell grants in camera status. 

For documents or testimony that.include sensitive or confiden~ial information that you do 

not want on the public record, you must file a motion seeking in camera status or other 

confidentiality protections pursuant to 16 C.F.R §§ 3.45 and 4.10(g). Because counter-
designations are not yet due, this includes all passages of deposition testimony that warrant in 

camera treatment, whether or not Complaint Counsel has designated those passages. Judge 

Chappell may order that materials, whether admitted or rejected as evidence, be placed in 

camera only after finding that their public disclosure will likely result in a clearly-defined, 

serious injury to the person, partnership, or corporation requesting in camera treatment. 

Motions for in camera treatment for evidence to be introduced at trial must meet the strict 

standards set forth in 16 C.F.R. § 3.45 and explained in In re Dura Lube Corp., 1999 FTC 

LEXIS 255 (Dec. 23, 1999); In re Hoechst Marion Roussel, Inc., 2000 FTC LEXIS 157 (Nov. 

22, 2000); and In re Basic Research, Inc., 2006 FTC LEXIS 14 (Jan. 25, 2006). Motions also 

must be supported by a declaration or affidavit by a person qualified to explain the confidential 

nature of the material. In re North Texas Specialty Physicians, 2004 FTC LEXIS 66 (April23, 

2004). 

Please be aware that under the current scheduling order, the deadline for filing motions 

seeking in camera status is November 26,2013. 

Additionally, in lieu of a deposition on the admissibility of the documents listed in 

Attachment A, we ask that you sign and return the attached declaration regarding the 

admissibility of these documents. Please return the signed declaration to my attention by 

December 3, 2013, ifpossible, as a scanned .pdf attached to an e-mail. 

If you have any questions, please feel free to contact me at (202) 326-2289. 

p;;· 4fr 

James Abell 

Counsel Supporting the Complaint 

Attachments 
ATTACHMENT A 

Exhibit Number Date BegBates End Bates Document Description 

PX4228 N/A ABiTA000001 ABITA000001 Abita Sales Figures 

Abita Cost Savings for Saint-Gobain, Anchor, and 

PX4236 NJA ABITA000594 ABITA000594 01 

E-mail from Kathy Brannock to David Blossman, 

Kenny Gamer, Bob Richey, et al. re: Abita 

Custom Glass Proposal w/ Attach: Abita Glass 

Proposal 03.19.12.doc, Abita - Beer&Soda Bottle 

Project Update March 12,2012.xls, Abita 12 oz 

custom bottle. pdf, Cost PAF Index DRAFT- for 

New Contracts 1-23-12.pdf, Department of 

Energy Fuel Surcharges. pdf, Abita contract 

Addendum #1 - References - Plant Investments -

Pallet Quality - PAF Information and Pry Off 

PX4240 3/20/2012 ABITA000665 ABITA000671 Finish Improvement (3).doc 

E-mail from robert.pigott@o-i.com to David 

Blossman re: 01 Bid (Confidential) w/ Attach: 

Abita Brewing Company Bid Proposa1_2-24-

2012.doc, Std PAF Structure Exhibit B.pdf, Std 

PX4253 2/4/2012 ABITA000803 ABITAOOOBOB NG Table 2012.pdf, 2012 Diesel Table. pdf 

E-mail from Jack Harr to David Blossman re: Can 

PX4260 5/28/2011 ABITA001045 ABITA001045 Line 

E-mail from Jack Harr to Chris Bourgeois, Mark 

Wilson, David Blossman, et al. re: Abita test 

PX4275 10/5/2012 ABITA001648 ABITA001650 loads 

E-mail from David Holloway to Jack Harr, 

david@abita.com, and Clint Gawart re: Abita 

Brewing Contract Proposal wt Attach: Abita 

Brewing Co- Final- 7-9-12.doc.zip, Abita 

Brewing- CPT- 7-9-12.docx.zip, Abita Brewing· 

PX4278 7/10/2012 ABITA002001 ABITA002040 Mfr.Perf.Stds.- 6-13-12.docx.zi 

E-mail from Jack Harr to David Blossman re: 

Abita Brewing Contract w/ Attach: Abita Brewing 

Co five year agreement 10-1-12 thru 09-30-

PX4284 8/6/2012 ABITA002199 ABITA002234 17.pdf.Zip 

E-mail from Jack Harr to David Blossman re: 

Abita Brewing Co. Contract Proposal w/ Attach: 

Abita Brewing Co - Redlined - Dated 6-13-

12.doc.zip, Abita Brewing Co- Final- Dated 6-13-

12.doc.zip, Abita Brewing- CPT- 6-13-12.pdf.zlp, 

PX4287 6/18/2012 ABITA002392 ABITA002448 Abita Brewing- Mfr. Perf. Stds.- 6-13-12.odf.zlp 

E-mail from David Bloss man to Jack Harr re: No 

PX4288 3/7/2011 ABITA002550 ABITA002550 Subject 

E-mail from David Blossman to Jack Harr re: 

PX4292 5/29/2013 ABITA002882 ABITA002882 Guess 

E-mail from Neil Wooddall to David Blossman 

and Bryant Hauck re: Price Increase w/ Attach: 01 

PX4305 12129/2011 ABITA004138 ABITA004140 Announcement 1 0-1-2011.pdf 

E-mail from Nell Woodall to David Blossman and 

Bryant Hauck re: Price Increase w/ Attach: Vitro--

12.1.11 Price lncrease.docx. Ollncrease ltr 10-

PX4306 10/27/2011 ABITA004198 ABITA004200 OS.pdf 

PX5007 4/23/2013 N/A N/A Declaration: David Blossman (Abita Brewing Co.) 

RESERVED for Designated Deposition Transcript 

PX6017 B/15/2013 NJA N/A of David Blossman (Abita Brewing Co.) 

CONFIDENTIAL 1 FTC Docket No. 9356 
ATTACHMENT B 

Name: Blossman, David 

Company: Abita Brewing Company 

Date & Type: 8/15/2013 Deposition (PX6017) 

8:1-4 

15:3 -18 

19:1 -13 

20:6-9 

27:21- 28:7 

28:11-14 

29:12-19 

40:14- 41:11 

43:11 -12 

43:18-22 

48:21- 49:4 

51:2-5 

58:2-8 

58:13-17 

60:10- 61:11 

61:16-20 

62:14-23 

66:17-19 

66:23 

66:25- 67:9 

67:23- 68:8 

69:20- 70:3 

78:3-5 

78:9 

80:5 -18 

87:3-17 

88:11-23 

89:4-9 

90:11-24 

96:11 - 97:12 

97:22- 98:4 

98:19-23 

99:2-5 

107:20-23 

108:8- 9 

108:18- 109:14 

109:18-23 

109:25- 111:2 

111:8-23 

112:2-4 

112:12-21 

113:3 - 114:21 

CONFIDENTIAL 1 FTC Docket No. 9356 
116:15-24 

117:19- 119:7 

119:21 - 120:20 

120:24- 121:17 

122:3-15 

122:21 - 123:7 

123:11- 14 

123:23 - 124:3 

125:7- 9 

125:13 

126:7-16 

126:20-23 

127:7-11 

128:20-24 

129:17-25 

130:4- 6 

130:22- 131:16 

134:19 - 135:20 

136:16- 19 

137:20- 138:1 

139:17·- 25 

140:9- 141:11 

141:13-20 

142:24 - 144:16 

145:3 -7 

145:11 - 146:14 

146:20- 147:1 

147:12- 148:5 

148:7-13 

148:19- 149:4 

149:8 

149:17-22 

150:3 

150:5- 151:2 

151:7-8 

151:14- 153:24 

154:3 

154:16 -19 

154:23 

154:25- 155:10 

156:2-24 

157:7-14 

157:18 

157:25 - 158:2 

158:6 

158:12-20 

CONFIDENTIAL 

ATTACHMENTB 

2 FTC Docket No. 9356 
., 

~· i 

160:12 -18 

163:21-24 

164:3-9 

164:16 - 165:1 

165:8-11 

166:21 - 167:11 

170:7- 171:9 

172:16- 173:2 

173:10-23 

174:3- 176:4 

176:8- 9 

176:11 -13 

177:25- 178:1 

178:9- 179:3 

180:3 - 182:1 

CONFIDENTIAL 

ATTACHMENT B 

3 FTC Docket No. 9356 
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 

DECLARATION 

I, , pursuant to 28 U.S.C. § 1746, make the following 

statement: 

I. I am an employee of Abita Brewing Company LLC. I have personal knowledge of the facts 

set forth in this declaration, and if called as a witness I could and would testify 

competently under oath to such facts. 

2. I have reviewed the documents referenced in Attachment A to this Declaration, which have 

been identified by Complaint Counsel with PX numbers for use as exhibits in the abovecaptioned matter. 

3. I hereby certify that each document referenced in Attachment A herein: (a) was made at or 

near the time of the occurrence ofthe matters set forth by, or from information transmitted 

by, a person with knowledge of those matters; (b) was kept in the course of regularly 

1 
conducted activity; and (c) was made by the regularly conducted activity as a regular 

practice. 

Pursuant to 28 U.S.C. § 1746, I declare, under the penalty of perjury, that the foregoing is 

true and correct to the best of my knowledge, information, and belief. 

Executed on: 

Name: 

Title: 

2 
PUBLIC VERSION 

EXHIBITB 

LETTER FROM COUNSEL FOR RESPONDENTS 

DATED NOVEMBER 19,2013 
' 

I -1 

SHEARMAN & STERLINGnr 

801 PENNSYLVANIA AVENUE, NW I WASHINGTON, DC I 20004-2634 

WWW.SHEARMAN.COM I T +1.202.508.8000 I F +1.202.508.8100 

mark.lanpher@shearman.com 

202.508.8120 

CONFIDENTIAL 

Via Email and U.S. Mail 

Emily Lippold Gordy 

Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, LLC 

Energy Centre, Suite 3100 

1100 Poydras Street 

New Orleans, Louisiana 70163 

Re.- In the Matter o[Ardagh Group S.A. et al. Docket No. 9356 (F.T.C) 

Dear Ms. Gordy, 

November 19, 2013 

Pursuant to Paragraph 10 ofthe Protective Order in the above-referenced matter (enclosed), the 

Scheduling Order in the above-referenced matter, and 16 C.P.R.§ 3.45 (enclosed), this letter is 

providing notice to Abita Brewing Company, LLC that Respondents Ardagh Group S.A., 

Compagnie de Saint-Gobain, and Saint-Gobain Containers plan to introduce confidential 

material produced by Abita Brewing Company, LLC into evidence at the Commission's hearing 

in the above-referenced matter, scheduled to commence on December 19, 2013. 

Respondents intend to introduce into evidence the following confidential material produced by 

Abita Brewing Company, LLC in the above-referenced matter or FTC v. Ardagh Group S.A., et 

al, No. 13-cv-1021 (BJR) (D.D.C.): 

• Transcript excerpts of the oral deposition of David Blossman, taken on August 15, 2013 

• Document with bates range ABITA002550- ABITA002550 

Pursuant to the Scheduling Order, a party may file a motion for in camera treatment of its 

confidential material with the Administrative Law Judge by November 26, 2013. The strict 

standard for motions for in camera treatment of confidential material is set forth in 16 C.F .R. § 

3.45, and is explained in In re Dura Lube Corp., 1999 FTC LEXIS 255 (Dec. 23, 1999); In re 

Hoechst Marion Roussel, Inc., 2000 FTC LEXIS 157 (Nov. 22, 2000) and 2000 FTC LEXIS 138 

(Sept. 19, 2000); In re Basic Research, Inc_, 2006 FTC LEXIS 14 (Jan 25. 2006). Motions must 

be supported by a declaration or affidavit by a person qualified to explain the confidential nature 

ABU DHABI 

PARIS I 

I BEIJING BRUSSELS 

ROME I SAN FRANCISCO 

FRANKFURT I 

I SAO PAULO I 

HONG KONG 

SHANGHAI I 

I LONDON 

SINGAPORE I 

MILAN 

TOKYO I 

I NEW YORK I PALO ALTO 

TORONTO I WASHINGTON, DC 

SHEARMAN & STERLING llP IS A LIMITED liABILITY PARTNERSHIP ORGANIZED IN THE UNITED STATES UNDER THE lAWS OF THE STATE OF DElAWARE, WHICH lAWS liMIT THE PERSONAl LIABiliTY OF PARTNERS. 

NYDOCS04/563296.3 
Emily Lippold Gordy 

Page2 

November 19,2013 

ofthe documents. In re North Texas Specialty Physicians, 2004 FTC LEXIS 66 (April23, 

2004). Each party or non-party that files a motion for in camera treatment shall provide one 

copy of the documents for which in camera treatment is sought to the Administrative Law 

Judge. 

If you have any questions, please feel free to contact me at 202.508.8120. 

Best regards, 

Is/ Mark Lanpher 

Mark Lanpher 

Enclosures: Protective Order for Docket No. 9356 (entered July I, 2013); 16 C.P.R.§ 3.45 
PUBLIC VERSION 

EXHIBITC 

MATERIAL REDACTED PURSUANT TO RULE 3.45(b) OF THE 

FEDERAL TRADE COMMISSION RULES OF PRACTICE, 

16 C.F.R. § 3.45(b) 
PUBLIC VERSION 

EXHIBITD 

MATERIAL REDACTED PURSUANT TO RULE 3.45(b) OF THE 

FEDERAL TRADE COMMISSION RULES OF PRACTICE, 

16 C.F.R. § 3.45(b) 
PUBLIC VERSION 

EXHIBITE 

MATERIAL REDACTED PURSUANT TO RULE 3.45(b) OF THE 

FEDERAL TRADE COMMISSION RULES OF PRACTICE, 

16 C.F.R. § 3.45(b) 

4819-2089-4743, v. 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 

PROPOSED ORDER 

Upon consideration of Abita Brewing Company's Motion for In Camera Treatment of 

Proposed Evidence, any opposition thereto and any hearing thereon 

IT IS HEREBY ORDRED, the Abita Brewing Company's Motion for In Camera 

Treatment of Proposed Evidence is GRANTED; 

IT IS FURTHER ORDERED, that pursuant to Rule 3.45(b) of the Federal Trade 

Commission Rules of Practice, 16 C.P.R. § 3.45(b), the following documents shall be subject to 

in camera treatment and will be kept confidential and not placed on the public records of this 

proceeding for ten years. 

1 
' 

. ! 

i PX4236 I 

I 

I 

I 

! 

PX4240 

i 

I 

I 

I 

I PX4253 I 

I 

I I 

PX4278 

I 

.I PX4284 

PX4287 

PX4292 

PX4305 

PX4306 

Email Communication from 

Vitro to Abita Regarding 

Corrected Price Increase for 

Glass Bottles 

NIA 

March 20,2012 

February 24, 2012 

July 10, 2012 

August 6, 2012 

June 18,2012 

May 29,2013 

December 29, 2011 

Email Communication from October 27, 2011 

Vitro to Abita Regarding Price 

Increase for Glass Bottles 

2 

ABIT A000594 

ABIT A000665-671 

ABIT A000803-808 

ABIT A00200 1-2040 

ABITA002199-2234 

ABITA002392-2448 

ABIT A002882 

ABITA004138-4139 

ABIT A004198-4200 
i 

I 

I 

·I 

I 

I 

I 

! 

.I 

I 

I 

I 

I· 

I 

IT IS FURTHER ORDERED, that pursuant to Ru1e 3.45(b) of the Federal Trade 

Commission Rules of Practice, 16 C.F.R. § 3.45(b), the following excerpts from the deposition 

ofDavid Blossman taken on August 15,2 013 in connection.with this proceeding (PX6017) shall 

be subject to in camera treatment and will be kept confidential and not placed on the public 

records of this proceeding for ten years: 

45:24-46:7 

89:6-17 

96:12-97:1 

97:14-17 

148: 7-13 

148:19-149:4 

149:8 

151:7-8 

151:14-153:24 

154:3 

158:12-20 

177:25-178:1 

178:9-179:3 

and expense incurred by Abita in 

Testimony regarding Abita's profit margins on canned beer versus 

bottled beer. 

Testimony regarding Abita's business strategies and decisions to 

utilize certain 

Testimony regarding Abita's business strategies and decisions to 

utilize certain 

Testimony regarding confidential exhibit PX4287 (Saint-Gobain's 

Bid 

Testimony regarding confidential exhibit PX4253 (OI's Bid 

regarding confidential exhibit PX4253 (OI's Bid 

Testimony regarding confidential exhibit PX4236 (Abita's Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4236 (Abita'·s Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4236 (Abita's Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4236 (Abita's Cost 

Savings Comparison & Summary for Saint-Gobain, Anchor and 

Testimony regarding confidential exhibit PX4292 (Email 

Communication between Abita and Saint-Gobain Regarding 

Predicted Glass · in 2013 and 201 

Testimony regarding confidential exhibit PX4292 (Email 

Communication between Abita and Saint-Gobain Regarding 

Predicted Glass in 2013 and 201 

3 
·I 

·I 

l 

180:3-182:1 

4845-8755-4583, v. l 

Testimony regarding confidential exhibit PX4305 (Email 

Communication from Vitro to Abita Regarding Corrected Price 

Increase for Glass 

D. Michel Chappell 

Chief Administrative Law Judge 

4