Antitrust Law Daily Wrap Up, ACQUISITIONS & MERGERS NEWS: Canada Competition Bureau approves sale of former Vicwest manufacturing facility to NCI, (Oct 16, 2015)

By Michael Menzhuber, J.D., LL.M.

The sale of the former Vicwest Inc. insulated metal panels manufacturing facility in Hamilton, Ontario, by Kingspan Group Limited to NCI Building Systems, Inc. has been approved by the Canada Competition Bureau. The sale is pursuant to the May 2015 consent agreement conditioning Kingspan’s acquisition of Vicwest on the sale the former Vicwest facility.

Kingspan is a global manufacturer and seller of building products, including insulated metal panels and other building envelope products, insulation boards, and raised access floors. Vicwest was a supplier of exterior building products for all segments of the construction industry across North America.

In November 2014, Vicwest entered into an agreement with Kingspan in which Kingspan acquired Vicwest’s Building Products Division.To address concerns that Kingspan’s acquisition of Vicwest would likely result in a substantial lessening of competition for the supply of insulated metal panels in Ontario, Kingspan entered into a consent agreement with the Bureau which required the sale of the Vicwest’s manufacturing facility.

NCI, which is headquartered in Houston, Texas, designs, manufactures and markets metal buildings and components for the non-residential construction industry. NCI has manufacturing facilities in the U.S. and Mexico, along with sales and distribution offices in the U.S. and Canada.

The Bureau determined that NCI, an established producer of insulated metal panels in the United States without manufacturing facilities in Ontario, would be an effective buyer of the Hamilton facility, thereby resolving the likely lessening of competition in the supply of insulated metal panels in Ontario.

Companies: Kingspan Group Limited; NCI Building Systems, Inc.

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