In the Matter of Ardagh Group S.A and Saint-Gobain Containers, Inc. and Compagnie de Saint-Gobain #00002

Submission Number:
00002
Commenter:
Kimberly Scott
Organization:
City of Jacksonville
State:
Florida
Initiative Name:
In the Matter of Ardagh Group S.A and Saint-Gobain Containers, Inc. and Compagnie de Saint-Gobain
Matter Number:

9356

The City of Jacksonville, FL submits the following comment on the FTC’s proposed consent agreement in re: Ardagh Group S.A and Saint-Gobain Containers, Inc. and Compagnie de Saint-Gobain,— Consent Agreement; Docket No. 9356: The City of Jacksonville currently has an open Consent Order with Compliance Plan with Ardagh Glass for the Anchor Glass facility located in Jacksonville, FL. The Consent Order with Compliance Plan resolves numerous alleged air pollution violations at the Jacksonville Anchor Glass facility. The alleged air pollution violations at the Anchor Glass facility were only revealed to the City of Jacksonville’s local air pollution control program after Ardagh Group S.A. purchased the Jacksonville facility even though the alleged violations occurred for numerous years prior to their purchase of the facility and while James Fredlake was CEO of Anchor Glass. Under the terms of the FTC’s proposed Consent Agreement in paragraph 11, after the Federal Trade Commission accepts the Consent Agreement, it may issue and serve its Order to Hold Separate and Maintain Assets. In Section IV, paragraph A. of the Order to Hold Separate and Maintain Assets, James Fredlake is appointed as “the Hold Separate Manager to manage and maintain the operations of the Anchor Glass Business in the regular and ordinary course of business beginning on the Acquisition Date.” Attached please find the compliance/enforcement history for Ardagh/Anchor Glass publicly available on U.S. EPA’s ECHO website. Given that history occurred under Mr. Fredlake as CEO for Anchor Glass and that the City of Jacksonville still has an ongoing case with Ardagh Glass for which the City is still tracking compliance with the terms of the Consent Order with Compliance Plan, the City of Jacksonville comments someone more removed from Anchor Glass’ operations prior to Ardagh’s acquisition may be considered as the Hold Separate Manager.