# C_2006038EN.01000401.xml

| 15.2.2006 | EN | Official Journal of the European Union | C 38/4 |
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15.2.2006

EN

Official Journal of the European Union

C 38/4

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Prior notification of a concentration

(Case COMP/M.4140 — The Coca-Cola Company/Coca-Cola Hellenic Bottling Company/Fresh & Co.)

Candidate case for simplified procedure

(2006/C 38/04)

(Text with EEA relevance)

| 1. | On 6 February 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Coca-Cola Company (‘TCCC’, USA) and Coca-Cola Hellenic Bottling Company S.A. (‘CCHBC’, Greece) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Limited Liability Company Fresh & Co. Fabrika Za Peradu Voća d.o.o. (‘Fresh & Co.’ Serbia) by purchase of shares. |
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1.

On 6 February 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Coca-Cola Company (‘TCCC’, USA) and Coca-Cola Hellenic Bottling Company S.A. (‘CCHBC’, Greece) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Limited Liability Company Fresh & Co. Fabrika Za Peradu Voća d.o.o. (‘Fresh & Co.’ Serbia) by purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for TCCC: brand owner and supplier of soft drink concentrates; |
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2.

The business activities of the undertakings concerned are:

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for TCCC: brand owner and supplier of soft drink concentrates;

| — | for CCHBC: licensed bottler that produces and sells TCCC-branded beverages; |
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for CCHBC: licensed bottler that produces and sells TCCC-branded beverages;

| — | for Fresh & Co.: producing and selling of fruit juices in Serbia and Montenegro. |
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for Fresh & Co.: producing and selling of fruit juices in Serbia and Montenegro.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4140 — The Coca-Cola Company/Coca-Cola Hellenic Bottling Company/Fresh & Co., to the following address:





  European Commission |
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| Competition DG |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4140 — The Coca-Cola Company/Coca-Cola Hellenic Bottling Company/Fresh & Co., to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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