# C_2008050EN.01003801.xml

| 23.2.2008 | EN | Official Journal of the European Union | C 50/38 |
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23.2.2008

EN

Official Journal of the European Union

C 50/38

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Prior notification of a concentration

(Case COMP/M.5035 — Radeberger/Getränke Essmann/Phoenix)

(Text with EEA relevance)

(2008/C 50/08)

| 1. | On 18 February 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Radeberger Gruppe Holding GmbH (‘Radeberger’, Germany) (belonging to Dr August Oetker KG, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Getränke Essmann GmbH (‘Essmann’, Germany) and Phoenix Vertriebs- und Beteiligungsgesellschaft mbH (‘Phoenix’, Germany) by way of purchase of securities. |
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1.

On 18 February 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Radeberger Gruppe Holding GmbH (‘Radeberger’, Germany) (belonging to Dr August Oetker KG, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Getränke Essmann GmbH (‘Essmann’, Germany) and Phoenix Vertriebs- und Beteiligungsgesellschaft mbH (‘Phoenix’, Germany) by way of purchase of securities.

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






  — | for Radeberger: production and distribution of beer and non-alcoholic drinks, |
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2.

The business activities of the undertakings concerned are:

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for Radeberger: production and distribution of beer and non-alcoholic drinks,

| — | for Essmann: distribution of beverages at the wholesale level, |
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for Essmann: distribution of beverages at the wholesale level,

| — | for Phoenix: owner of a beer licence (beer distributed by Essmann). |
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for Phoenix: owner of a beer licence (beer distributed by Essmann).

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5035 — Radeberger/Getränke Essmann/Phoenix, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5035 — Radeberger/Getränke Essmann/Phoenix, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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