# C_2005300EN.01003701.xml

| 30.11.2005 | EN | Official Journal of the European Union | C 300/37 |
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30.11.2005

EN

Official Journal of the European Union

C 300/37

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Prior notification of a concentration

(Case COMP/M.4042 — Toepfer/InVivo/Soulès)

(2005/C 300/09)

(Text with EEA relevance)

| 1. | On 18 November 2005, 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 Union InVivvo (‘InVivo’, France) and Alfred C. Toepfer International Netherlands B.V. (‘ACTI’, the Netherlands) belonging to the group Archer Daniel Midlands Company (‘ADM’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Soulès CAF S.A. (‘Soulès’, France) by way of purchase of shares. |
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1.

On 18 November 2005, 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 Union InVivvo (‘InVivo’, France) and Alfred C. Toepfer International Netherlands B.V. (‘ACTI’, the Netherlands) belonging to the group Archer Daniel Midlands Company (‘ADM’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Soulès CAF S.A. (‘Soulès’, France) by way of purchase of shares.

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






  — | for undertaking InVivo: agricultural purchasing, sales and services; |
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2.

The business activities of the undertakings concerned are:

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for undertaking InVivo: agricultural purchasing, sales and services;

| — | for undertaking ACTI: trading of agricultural commodities; |
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for undertaking ACTI: trading of agricultural commodities;

| — | for undertaking ADM: procuring, processing and merchandising of agricultural products; |
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for undertaking ADM: procuring, processing and merchandising of agricultural products;

| — | for undertaking Soulès: distribution of non-grain feed ingredients. |
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for undertaking Soulès: distribution of non-grain feed ingredients.

| 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. |
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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.

| 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.4042 — Toepfer/InVivo/Soulès, to the following address:





  European Commission |
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| Competition DG |
| Merger Registry |
| J-70 |
| BE-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.4042 — Toepfer/InVivo/Soulès, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

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

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