# C_2008238EN.01003201.xml

| 17.9.2008 | EN | Official Journal of the European Union | C 238/32 |
| --- | --- | --- | --- |

17.9.2008

EN

Official Journal of the European Union

C 238/32

---

Prior notification of a concentration

(Case COMP/M.5322 — Marfrig/OSI Group Companies)

(Text with EEA relevance)

(2008/C 238/07)

| 1. | On 8 September 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 Marfrig Frigoríficos e Comércio de Alimentos SA (‘Marfgrig’, Brazil) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of some of the undertakings of the OSI Group, LLC (‘OSI Group’, USA) located in Brazil and Europe (‘OSI Group Companies’, Brazil, Europe) by way of purchase of shares. |
| --- | --- |

1.

On 8 September 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 Marfrig Frigoríficos e Comércio de Alimentos SA (‘Marfgrig’, Brazil) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of some of the undertakings of the OSI Group, LLC (‘OSI Group’, USA) located in Brazil and Europe (‘OSI Group Companies’, Brazil, Europe) by way of purchase of shares.

1

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






  — | for undertaking Marfrig: South American based company which activity is rearing, production, export and domestic supply of fresh and processed meet (beef and to a lesser extent chicken, pork and lamb), |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Marfrig: South American based company which activity is rearing, production, export and domestic supply of fresh and processed meet (beef and to a lesser extent chicken, pork and lamb),

| — | for undertaking OSI Group Companies: rearing and supply of fresh and processed poultry as well as supply of other meat products in Europe and Brazil. |
| --- | --- |

—

for undertaking OSI Group Companies: rearing and supply of fresh and processed poultry as well as supply of other meat products in Europe and Brazil.

| 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. |
| --- | --- |

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.5322 — Marfrig/OSI Group Companies, to the following address:





  European Commission |
| --- | --- |
| 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.5322 — Marfrig/OSI Group Companies, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

1

---