__________________________________________ 

211 0182 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter 

Christine S. Wilson 

Alvaro M. Bedoya 

) 

In the Matter of 

 

Ardagh Group S.A., 

 a corporation, 

 

Ardagh Glass Inc., 

 a corporation, and 

 

Ardagh Glass Packaging Inc., 

 a corporation. 

) 

) 

) 

)

 ) DECISION AND ORDER 

 ) Docket No. C-4785 

) 

) 

)

 ) 

__________________________________________) 

DECISION 

The Federal Trade Commission initiated an investigation of certain acts and practices of 

Respondent Ardagh Group S.A., Respondent Ardagh Glass Inc., and Respondent Ardagh Glass 

Packaging Inc. (collectively, “Respondents”). The Commission’s Bureau of Competition 

prepared and furnished to Respondents the Draft Complaint, which it proposed to present to the 

Commission for its consideration. If issued by the Commission, the Draft Complaint would 

charge Respondents with violations of Section 5 of the Federal Trade Commission Act, as 

amended, 15 U.S.C. § 45. 

Respondents and the Bureau of Competition executed an Agreement Containing Consent 

Order (“Consent Agreement”) containing (1) an admission by Respondents of all the 

jurisdictional facts set forth in the Draft Complaint, (2) a statement that the signing of said 

agreement is for settlement purposes only and does not constitute an admission by Respondents 

that the law has been violated as alleged in the Draft Complaint, or that the facts as alleged in the 

Draft Complaint, other than jurisdictional facts, are true, (3) waivers and other provisions as 

required by the Commission’s Rules, and (4) a proposed Decision and Order. 

The Commission considered the matter and determined that it had reason to believe that 

Respondents have violated the said Act, and that a complaint should issue stating its charges in 

that respect. The Commission accepted the Consent Agreement and placed it on the public 

record for a period of 30 days for the receipt and consideration of public comments; at the same 

time, it issued and served its Complaint. The Commission duly considered any comments 
 

 

 

 

 

received from interested persons pursuant to Commission Rule 2.34, 16 C.F.R. § 2.34. Now, in 

further conformity with the procedure described in Rule 2.34, the Commission makes the 

following jurisdictional findings: 

1. Respondent Ardagh Group S.A. is a corporation organized, existing, and doing business 

under, and by virtue of, the laws of Luxembourg, with its executive offices and principal 

place of business at 56, rue Charles Martel, L-2134, Luxembourg, Luxembourg. 

2. Respondent Ardagh Glass Inc. is a corporation organized, existing, and doing business 

under, and by virtue of, the laws of Delaware, with its executive offices and principal 

place of business at 10194 Crosspoint Blvd #410, Indianapolis, IN 46256. 

3. Respondent Ardagh Glass Packaging Inc. is a corporation organized, existing, and doing 

business under, and by virtue of, the laws of Delaware, with its executive offices and 

principal place of business at 10194 Crosspoint Blvd #410, Indianapolis, IN 46256. 

4. The Commission has jurisdiction of the subject matter of this proceeding and over 

Respondents, and the proceeding is in the public interest. 

ORDER 

I. Definitions 

IT IS HEREBY ORDERED that, as used in this Order, the following definitions shall 

apply: 

A. “Ardagh Group” means Ardagh Group S.A., its directors, officers, employees, agents, 

representatives, successors, and assigns; the joint ventures, subsidiaries, partnerships, 

divisions, groups, and affiliates controlled by Ardagh Group S.A., and the respective 

directors, officers, employees, agents, representatives, successors, and assigns of each. 

B. “AGI” or “Respondent AGI” means Ardagh Glass Inc., its directors, officers, employees, 

agents, representatives, successors, and assigns; the joint ventures, subsidiaries, 

partnerships, divisions, groups, and affiliates controlled by Ardagh Glass Inc., and the 

respective directors, officers, employees, agents, representatives, successors, and assigns 

of each. 

C. “AGPI” or “Respondent AGPI” means Ardagh Glass Packaging Inc., its directors, 

officers, employees, agents, representatives, successors, and assigns; the joint ventures, 

subsidiaries, partnerships, divisions, groups, and affiliates controlled by Ardagh Glass 

Packaging Inc., and the respective directors, officers, employees, agents, representatives, 

successors, and assigns of each. 

D. “Commission” means the Federal Trade Commission. 

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E. “Agreement” means any agreement, contract, understanding, or provision or term thereof, 

whether express or implied, written or unwritten. 

F. “Employee” means a Person employed by, previously employed by, or in the process of 

being employed by, Respondents in the United States as specified in Appendix A. 

G. “Noncompete Agreement” means an Agreement between Respondents and an Employee 

that restricts or restrains the right or ability of the Employee to seek or accept 

employment with any Person, to operate a business, or otherwise to compete with 

Respondents for any period of time after the conclusion of the Employee’s employment 

with Respondents. 

H. “Person” means both natural and artificial persons, including corporations, partnerships, 

and unincorporated entities. 

II. Injunction 

IT IS FURTHER ORDERED that Respondents, in connection with their activities in or 

affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission 

Act, 15 U.S.C. § 44, shall cease and desist from, directly or indirectly, entering or attempting to 

enter into, maintaining or attempting to maintain, enforcing or attempting to enforce, or 

threatening to enforce a Noncompete Agreement or communicating to an Employee or any 

prospective or current employer of that Employee that the Employee is subject to, a Noncompete 

Agreement. 

III. Notice to Employees 

IT IS FURTHER ORDERED that Respondents shall: 

A. No later than 30 days from the date this Order is issued, deliver to each Employee that is, 

or as of November 23, 2021, was, party to a Noncompete Agreement a letter in the form 

of Appendix B and a copy of this Order. Respondents shall deliver Appendix B to each 

Employee by name, either: 

1. By U.S. Mail, return receipt requested; or 

2. Via email transmittal with a proof of a read-receipt. 

B. No later than 30 days from the date this Order is issued, and continuing for the duration 

of this Order, post a clear and conspicuous notice in the documentation, electronic or 

otherwise, provided to each new Employee upon hire that states: 

“IMPORTANT: Your employment with Ardagh in this position is not and will not be 

subject to a noncompete provision. This means that once you stop working for Ardagh: 

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• You may seek or accept a job with any company or person – even if they compete 

with Ardagh. 

• You may run your own business – even if it competes with Ardagh. 

• You may compete with Ardagh at any time following your employment with 

Ardagh. 

• We can still enter or enforce other agreements, such as agreements that prevent 

current or former employees from using or disclosing Ardagh’s confidential 

business information and trade secrets – for example, if the employee goes to 

work for someone else.” 

IV. Compliance Obligations 

IT IS FURTHER ORDERED that Respondents shall: 

A. No later than 30 days after the date on which this Order is issued: (1) take all steps 

necessary to void and nullify all existing Noncompete Agreements and notify 

Commission staff in writing that all existing Noncompete Agreements are voided and 

nullified, once completed; and (2) not require any Employee who is party to an existing 

Noncompete Agreement to pay back any remuneration or otherwise to be penalized as a 

result of the voided and nullified Noncompete Agreement. 

B. No later than 30 days after the date on which this Order is issued, provide a copy of this 

Order and the Complaint to each of Respondents’ directors, officers, and employees with 

responsibility for hiring or recruitment of Employees in the United States. 

C. For a period of 10 years from the date this Order is issued, provide a copy of this Order 

and the Complaint to any Person who becomes a director, officer, or employee of 

Respondents with responsibility for hiring or recruitment of Employees in the United 

States, and provide such copies within 30 days of the commencement of such Person’s 

employment or term as a director or officer. 

D. Require each Person to whom a copy of this Order is furnished pursuant to Paragraph 

IV.B and IV.C above to sign and submit to Respondents within 30 days of the receipt 

thereof a statement that (1) represents that the undersigned has read the Order, and (2) 

acknowledges that the undersigned has been advised and understands that noncompliance with the Order may subject Respondents to penalties for violation of the 

Order. 

E. For a period of 5 years after taking each action obligated by Paragraphs IV.A-D of this 

Order, Respondents shall retain documents and records sufficient to record Respondents’ 

compliance with said obligations. 

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V. Compliance Reports 

IT IS FURTHER ORDERED that Respondents AGI and AGPI shall file verified 

written reports (“Compliance Reports”) in accordance with the following: 

A. Respondents AGI and AGPI shall submit: 

1. Interim Compliance Reports 30 days after the date this Order is issued, and then 

150 days thereafter for the first year; 

2. Annual Compliance Reports one year after the date this Order is issued, and 

annually for the next 9 years on the anniversary of that date; and 

3. Additional Compliance Reports from any Respondent as the Commission or its 

staff may request. 

B. Each Compliance Report shall contain sufficient information and documentation to 

enable the Commission to determine independently whether Respondents are in 

compliance with this Order. Conclusory statements that Respondents have complied with 

their obligations under the Order are insufficient. Respondents shall include in their 

reports, among other information or documentation that may be necessary to demonstrate 

compliance, (1) a full description of the measures Respondents have implemented and 

plan to implement to comply with each paragraph of this Order, including a list of all 

persons who received the notice required by Section III.A of this Order, together with 

proof of service of the notice (which service may be satisfied by sending the notice via 

email, as described in Paragraph III.A) and (2) upon the Commission’s request, a copy of 

any employment agreement (apart from a collective bargaining agreement) that 

Respondents AGI or AGPI enter or implement after execution of the Consent Agreement. 

C. For a period of 5 years after filing a Compliance Report, Respondents shall retain all 

material written communications with each party identified in each Compliance Report as 

required by Paragraph IV.B and all non-privileged internal memoranda, reports, and 

recommendations concerning fulfilling Respondents’ obligations under this Order during 

the period covered by such Compliance Report. Respondents shall provide copies of 

these documents to Commission staff upon request. 

D. Respondents shall verify each Compliance Report in the manner set forth in 28 U.S.C. § 

1746 by the Chief Executive Officer or another officer or employee specifically 

authorized to perform this function. Respondents shall file their Compliance Reports 

with the Secretary of the Commission at ElectronicFilings@ftc.gov and the Compliance 

Division at bccompliance@ftc.gov; as required by Commission Rule 2.41(a), 16 C.F.R. § 

2.41(a). 

VI. Change in Respondents 

IT IS FURTHER ORDERED that Respondents shall notify the Commission at least 30 

days prior to: 

A. The dissolution of Ardagh Group S.A., Ardagh Glass Inc., or Ardagh Glass Packaging, 

Inc.; 

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B. The acquisition, merger, or consolidation of Ardagh Group S.A., Ardagh Glass Inc., or 

Ardagh Glass Packaging, Inc.; or 

C. Any other change in Respondents, including assignment and the creation, sale, or 

dissolution of subsidiaries, if such change might affect compliance obligations arising out 

of this Order. 

VII. Access 

IT IS FURTHER ORDERED that, for the purpose of determining or securing 

compliance with this Order, and subject to any legally recognized privilege, and upon written 

request and upon 5 days’ notice to Respondents, that Respondents shall, without restraint or 

interference, permit any duly authorized representative of the Commission: 

A. Access, during business office hours of Respondents and in the presence of counsel, to all 

facilities and access to inspect and copy all books, ledgers, accounts, correspondence, 

memoranda and all other records and documents in the possession, or under the control, 

of Respondents related to compliance with this Order, which copying services shall be 

provided by Respondents at their expense; and 

B. To interview directors, officers, or employees of Respondents, who may have counsel 

present, regarding such matters. 

VIII. Purpose 

IT IS FURTHER ORDERED that the purpose of this Order is to remedy the harm to 

competition the Commission alleged in its Complaint and to prevent Respondents from entering 

into, attempting to enter into, maintaining or attempting to maintain, enforcing or attempting to 

enforce, or threatening to enforce a Noncompete Agreement. 

IX. Term 

IT IS FURTHER ORDERED that this Order shall terminate 20 years from the date it is 

issued. 

By the Commission, Commissioner Wilson dissenting. 

April J. Tabor 

Secretary 

SEAL: 

ISSUED: February 21, 2023 

6 
 

APPENDIX A 

Employees of Respondents AGI and AGPI 

1. Accountant, AIS 

2. Accountant, Corporate 

3. Accountant, Plant 

4. Accounting Clerk 

5. Administrative Assistant 

6. AIE Maintenance Lead 

7. Analyst, Business Intelligence 

8. Analyst, Compliance 

9. Analyst, Pricing 

10. Apprentice, Furnace 

11. Apprentice, General Maintenance 

12. Apprentice, Machine Repair 

13. Apprentice, Maintenance 

14. Apprentice, Mechanic 

15. Apprentice, Mold Maker 

16. Apprentice, Mold Runner 

17. Apprentice, Operator 

18. Apprentice, Operator Selector 

19. Apprentice, Operator Sweeper 

20. Asset Reliability Maintenance Planner 

21. Assistant Finish Manager 

22. Assistant Mold Shop Supervisor 

23. Assistant Plant Manager 

24. Batch & Furnace Basement Driver 

25. Batch & Furnace Batch Mixer 

26. Batch & Furnace Crew Leader 

27. Batch & Furnace Forklift 

28. Batch & Furnace Lead 

29. Batch & Furnace Maintenance 

30. Batch & Furnace Supervisor 

31. Batch & Furnace Unloader 

32. Batch & Furnace Utility 

33. Box Shop Crew Leader 

34. Box Shop Driver 

35. Box Shop Worker 

36. Bulk to Case Handler 

37. Bulk to Case Lead 

38. Bulk to Case Lift Truck Operator 

39. Business Analyst 

40. Carton Unloader 

41. Carton Utility 

42. Case Packer 

43. Cleaner/Janitor 
 

 

 

 

 

44. Clerk/Swing Selector 

45. Cold End Cleanup/Painting 

46. Cold End Crew Leader 

47. Cold End Forklift Driver 

48. Cold End Forklift Truck Driver 

49. Cold End Heat Relief 

50. Cold End Line Upkeep 

51. Cold End Relief Supervisor 

52. Cold End Reliever 

53. Cold End Trainer 

54. Cold End Utility 

55. Controller, Distribution Center 

56. Controller, Plant 

57. Controller, Regional 

58. Coordinator, Customer Accounts 

59. Debulk Operator/Reseller 

60. Director, Capital Planning 

61. Director, Capital Planning & Project Management Office 

62. Director, Facilities, Engineering & Asset Reliability 

63. Director, Financial Analysis & Pricing 

64. Director, Financial Operational Excellence 

65. Director, Forming Engineering 

66. Director, Glass & Furnace Engineering 

67. Director, Human Resources 

68. Director, Human Resources Operations 

69. Director, Process Improvement 

70. Director, Product Design & New Product Development 

71. Director, Production Planning 

72. Director, Quality & Technical Services - Beer & Beverage 

73. Director, Quality & Technical Services - Food & Spirits 

74. Director, Quality Systems 

75. Director, Regional Quality & Technical Services 

76. Director, Sales - Ardagh Direct 

77. Director, Sales - Beer 

78. Director, Sales - Food & Spirits 

79. Director, Sales - Wine 

80. Director, Sustainability 

81. Electrician 

82. Electro Mechanic 

83. Electronic Technician 

84. Employee Experience Leader 

85. Engineer, Environmental 

86. Engineer, Environmental Operations 

87. Engineer, Environmental Project 

88. Engineer, Forming Technologies & Process Improvement 

89. Engineer, Furnace Design & Construction 
90. Engineer, Furnace Operations 

91. Engineer, Glass Technology 

92. Engineer, Mechanical 

93. Engineer, Mold Design 

94. Engineer, Paper Packaging 

95. Engineer, Process Food Safety 

96. Engineer, Process Improvement 

97. Engineer, Project Electrical 

98. Engineer, Quality Process 

99. Engineer, Reliability and Energy Manager 

100. Engineer, Technical Services 

101. Engineering Assistant 

102. Executive Assistant 

103. Executive Secretary 

104. Financial Analyst 

105. Fork Lift Driver 

106. Fork Truck Driver 

107. Fork Truck Mechanic 

108. Forming Trainer 

109. Furnace Operator 

110. Furnace Technician 

111. General Maintenance Crew Leader 

112. General Maintenance Journeyman 

113. General Maintenance Utility 

114. General Plant Maintenance Lead 

115. General Utility 

116. Glass Technician 

117. Groundskeeper 

118. Hot End Floor Helper 

119. Hot End Group Lead 

120. Hot End Job Changer 

121. Hot End Lead Changer 

122. Hot End Trainer 

123. Hot End Utility 

124. Human Resources Administrator 

125. Human Resources Assistant 

126. Human Resources Generalist 

127. Import/Export Administrator 

128. IS AP Operator 

129. IS Journeyman 

130. IS Journeyman Operator 

131. IS Upkeep 

132. Job Matrix Operator 

133. Journeyman Electric Automation Specialist 

134. Journeyman Electro Mechanic 

135. Journeyman Machine Operator 
 

 

 

136. Journeyman Maintenance 

137. Journeyman Maintenance Cold End 

138. Journeyman Maintenance Hot End 

139. Journeyman Maintenance Hot End Group Leader 

140. Journeyman Mechanic 

141. Journeyman Mechanic Cold End 

142. Journeyman Mold Maker 

143. Journeyman Operator Hot End 

144. Journeyman Upkeep 

145. Lab Technician 

146. Line Upkeep 

147. Load Center Crew Leader 

148. Load Center Driver 

149. Machine Repairman 

150. Machinist 

151. Maintenance Mechanic Crew Leader 

152. Manager, Abatement Operations 

153. Manager, Account Sales-Ardagh Direct 

154. Manager, Asset Reliability Maintenance 

155. Manager, Batch and Furnace 

156. Manager, Carton Production & Scheduling 

157. Manager, Cold End & Inspection Equipment 

158. Manager, Cold End Job Change 

159. Manager, Cold End Tank 

160. Manager, Customer Service 

161. Manager, Customer Service - Food & Beverage Services 

162. Manager, Customer Service - Wine 

163. Manager, Customer Service & Technical Specifications 

164. Manager, Energy 

165. Manager, Engineering 

166. Manager, Environmental, Health & Safety 

167. Manager, Facilities Engineering 

168. Manager, Finance 

169. Manager, Finish 

170. Manager, Finished Process Improvement 

171. Manager, Finished Products 

172. Manager, Forming 

173. Manager, Forming/Forehearth 

174. Manager, Furnace Design & Construction 

175. Manager, Furnace Operations 

176. Manager, Health & Safety 

177. Manager, Hot Tank 

178. Manager, Human Resources 

179. Manager, IS Machine & Forming 

180. Manager, Job Change 

181. Manager, Leave & Disability 
 

 

 

 

182. Manager, Load Center 

183. Manager, Load Center, Carton & Heldware 

184. Manager, Logistics & Planning 

185. Manager, Machine Repair 

186. Manager, Maintenance Finish 

187. Manager, Marketing & Communication 

188. Manager, Master Data Management 

189. Manager, Mold 

190. Manager, Mold Repair 

191. Manager, National Accounts 

192. Manager, Operational Process 

193. Manager, Operations 

194. Manager, Packaging Quality 

195. Manager, Packing & Carton 

196. Manager, Parts & Distribution 

197. Manager, People Development 

198. Manager, Planning 

199. Manager, Plant Engineering 

200. Manager, Plant Environmental, Health & Safety 

201. Manager, Plant Human Resources 

202. Manager, Plant Job Change 

203. Manager, Pricing 

204. Manager, Process Improvement 

205. Manager, Production 

206. Manager, Production Planning 

207. Manager, Project Engineering 

208. Manager, Quality 

209. Manager, Quality & Technical Services - Beer & Beverages 

210. Manager, Quality & Technical Services - Food & Beverage 

211. Manager, Quality & Technical Services - Food & Spirits 

212. Manager, Quality Analysis 

213. Manager, Quality Control 

214. Manager, Quality System 

215. Manager, Regional Quality & Technical Services 

216. Manager, Risk 

217. Manager, Sales Support 

218. Manager, Sales Support - Beer 

219. Manager, Senior Health & Safety - Beer & Beverages 

220. Manager, Senior Health & Safety - Food & Spirits 

221. Manager, Senior Health & Safety - Wine 

222. Manager, Senior Projects 

223. Manager, Shipping & Warehouse 

224. Manager, Supplier Quality 

225. Manager, Tank 

226. Manager, Technical 

227. Manager, Technical & Operational Development 
 

 

 

 

 

228. Manager, Warehouse & Shipping 

229. Mechanic 

230. Mix & Melt Technician 

231. Mold Clean & Storage 

232. Mold Cleaners Group Lead 

233. Mold Hanger Repair 

234. Mold Maker 

235. Mold Maker Crew Leader 

236. Mold Runner 

237. Mold Runner - Clean & Polish Leader 

238. Mold Runner - Cleaner 

239. Mold Runner - Cleaner & Polisher 

240. Mold Runner Crew Leader 

241. Mold Runner Journeyman 

242. Mold Runner Utility 

243. Mold Shop Crew Leader 

244. Mold Shop Lead 

245. Mold Storage JC Coordinator 

246. Mold Support 

247. Oiler 

248. Packaged Ware Auditor 

249. Palletizer Attendant 

250. Palletizer Operator 

251. Planner, Customer 

252. Plant Clerk 

253. Process Crew Leader 

254. Process Handler 

255. Process Lead 

256. Product Designer 

257. Production Scheduler 

258. Production Worker 

259. Project Manager 

260. Quality Check Bid to Reselect 

261. Quality Check Lab Crew Leader 

262. Quality Check Labor Leader 

263. Quality Check Line 

264. Quality Check to Batch and Furnace Utility 

265. Quality Inspector 

266. Raw Material Unloaded Crew Leader 

267. Regional Security Operations Analyst 

268. Reselect Forklift Driver 

269. Reselect Packed Ware Auditor 

270. Reselect Team Lead 

271. Reselector 

272. Reselector/Restacker 

273. Resident Engineer 
 

274. Resort Group Leader 

275. Selector 

276. Senior Accountant, Corporate 

277. Senior Electronic Technician 

278. Senior Engineer, Furnace Operations 

279. Senior Engineer, Furnace Design 

280. Senior Engineer, Project 

281. Senior Engineer, Project Electrical 

282. Senior Engineer, Project Mechanical 

283. Senior Engineer, Technical Services 

284. Senior Manager, Cold End Tank 

285. Senior Manager, Compliance 

286. Senior Manager, Financial Planning & Analysis 

287. Senior Manager, Glass Technology & Batch and Furnace 

288. Senior Manager, Human Resources 

289. Senior Manager, Mold Engineering 

290. Senior Manager, People Development 

291. Senior Manager, Process & Electrical Engineering 

292. Senior Planner, Customer 

293. Senior Planner, Customer - Food & Beverage Services 

294. Senior Product Designer 

295. Shipping - Box Shop Haul Glass 

296. Shipping Coordinator 

297. Shipping Crew Leader 

298. Single Line Mechanic Change Coordinator 

299. Specialist, Feeder 

300. Specialist, Glass 

301. Specialist, Human Resources 

302. Specialist, IS Parts & Sales 

303. Specialist, MRO 

304. Specialist, Packaging 

305. Specialist, Pricing 

306. Specialist, Process 

307. Specialist, Product Cost & Master Data 

308. Specialist, Production Planning & Reporting 

309. Specialist, Quality 

310. Specialist, Quality Control 

311. Specialist, Talent Acquisition 

312. Specialist, Technical Service 

313. Specialist, Trucker 

314. Stockroom Attendant 

315. Storeroom Clerk 

316. Supervisor, Accounting 

317. Supervisor, Batch & Furnace 

318. Supervisor, Cold End 

319. Supervisor, Electrical 
 

320. Supervisor, Finish 

321. Supervisor, Finishing 

322. Supervisor, Forming 

323. Supervisor, Hot End 

324. Supervisor, Maintenance 

325. Supervisor, Mold Runner 

326. Supervisor, Mold Shop 

327. Supervisor, Production, Planning, and Procurement 

328. Supervisor, Quality 

329. Supervisor, Quality Control 

330. Supervisor, SAP Master Data 

331. Supervisor, Shift 

332. Supervisor, Shipping & Warehouse 

333. Supervisor, Stockroom 

334. Supervisor, Stores 

335. Sweeper Driver 

336. Talent Acquisition Coordinator 

337. Talent Acquisition Leader 

338. Unitizer 

339. Utility Driver 

340. Ware Gauger 

341. A position that has a functionally equivalent job description to a position listed above. 
 

 

 

 

 

211 0182 

APPENDIX B 

[Respondent AGI or Respondent AGPI letterhead] 

[Name and email address of Employee] VIA U.S. MAIL or EMAIL 

Re: Your Past Noncompete Agreement with Ardagh 

Dear [name of Employee]: 

You are receiving this letter because you are an Employee affected by a consent Order 

that we have entered into with the Federal Trade Commission (“Commission”). 

As you know, Ardagh Glass Inc., and Ardagh Glass Packaging, Inc. (collectively, 

“Ardagh Glass”), affiliates of Ardagh Group S.A., previously required certain categories of 

employees not to compete with Ardagh Glass for a period of time following their employment 

with Ardagh Glass. In the spring of 2022, we announced that we rescinded and would no longer 

enforce our Noncompete Agreement with you. 

The Commission has been investigating the use of Noncompete Agreements by Ardagh 

Glass and other companies in the glass-manufacturing industry. As part of this investigation, 

Ardagh Glass has entered into a settlement agreement with the Commission. The Commission 

has alleged that Ardagh Glass’s use of Noncompete Agreements with you and other employees 

restricts job mobility, harms competition, and is unlawful. We have entered into a consent Order 

with the Commission under which we will not reinstate these Noncompete Agreements for 20 

years. Consistent with our prior announcement, any Noncompete Agreement between you and 

Ardagh Glass is now null and void. 

What is a Noncompete Agreement? 

A Noncompete Agreement restricts an employee’s ability to seek or accept a job with 

another company, to operate their own business, or otherwise to compete with their former 

employer after they’ve left the company. These agreements sometimes (but not always) use 

words like “non-competition” or “non-compete.” 

How the FTC Order affects you 

The FTC Order requires us to: 

1. Cancel all Noncompete Agreements with current or former Ardagh Glass employees 

in job positions identified in the Order; 

2. Stop entering into Noncompete Agreements with employees in those positions, and 

3. Release you from the Noncompete Agreement with us. 

This means that once you stop working for Ardagh Glass: 

• You may seek or accept a job with any company or person – even if they compete 

with Ardagh Glass. 
 

 

 

 

 

211 0182 

• You may run your own business – even if it competes with Ardagh Glass. 

• You may compete with Ardagh Glass at any time after you leave Ardagh Glass. 

We can still enter or enforce agreements that prevent current or former employees from 

using or disclosing Ardagh Glass’s confidential business information and trade secrets – for 

example, if the employee goes to work for someone else. 

Where to get more information 

To learn more about this case, please read the attached FTC Order in In re Ardagh Group S.A., 

Ardagh Glass Inc., and Ardagh Glass Packaging Inc., C-xxxx, or visit [URL that goes to the 

ftc.gov press release]. This letter summarizes the main points of the matter, but the only official 

source of information is the FTC Order. The FTC Order reflects an agreement between the FTC 

and Ardagh Glass that settles the FTC’s allegations. It does not constitute an admission by 

Ardagh Glass that it has violated the law or that any of the facts alleged by the FTC regarding 

Ardagh Glass’s conduct are true. 

If you have concerns about whether Ardagh Glass or any Ardagh Glass employees are 

complying with their obligations under the Order – or how the Order applies to you or your 

colleagues – contact [_______] in Ardagh Glass’s legal department at [phone number], [email 

address], or the FTC by contacting Danielle Sims, (202) 326-3241, dsims1@ftc.gov, or Ben 

Lorigo, (202) 326-3717, slorigo@ftc.gov. 

Sincerely, 

[name and title] 

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