Global soft drink giant Coca-Cola has made a pre-merger filing with the US anti-trust regulators regarding a possible acquisition of energy drink maker Glaceau, in which India’s Tata group holds 30 per cent sake.

Coca-Cola has filed a pre-merger Hart-Scott-Rodino Act (HSR) notification with the Federal Trade Commission, trade publication the Beverage Digest reported. The filing is necessary for deals of significant size under anti-trust regulatory framework, which seeks to prevent merger and acquisitions that could reduce competition, lead to higher prices, lower quality of goods or services, or decreases innovation.

Shares of Tata Tea surged 4.4 per cent to Rs 877.55 on the Indian bourses following reports about the pre-merger filing. Although it was not clear whether Coca-Cola was looking to acquire the Tatas’ stake or not, brokers said the sharp rally in Tata Tea’s shares on Tuesday was triggered by expectations that the company could reap huge premium on its stake in Glaceau if the US giant decides to acquire 100 per cent of the North American energy drink maker.

Citing unnamed sources in its special edition published on Monday, the magazine said that the HSR filing triggers a review of any possible antitrust implications of the proposed deal. It could mean several things ranging from Coke having an agreement to acquire Glaceau to Coke having a non-binding letter of intent for such a deal, the report said.

The report quoted sources as saying that the FTC only begins its review process when the major deal points are agreed upon, at least in principle, but a deal could be and was likely, still subject to Coca-Cola Co board approval.

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