# C_2013251EN.01000601.xml

| 31.8.2013 | EN | Official Journal of the European Union | C 251/6 |
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31.8.2013

EN

Official Journal of the European Union

C 251/6

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Prior notification of a concentration

(Case COMP/M.7012 — JBS/Seara/Zenda)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 251/05

| 1. | On 22 August 2013, 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 JBS SA (Brazil), indirectly controlled by the Batista family, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Seara Holding (Europe) BV (Netherlands), Secculum Participações Ltda (Brazil), União Frederiquense Participações (Brazil), Baumhardt Com. e Part. Ltda (Brazil), Excelsior Alimentos SA (Brazil), Athena Alimentos SA (Brazil) (together referred to as ‘Seara’) and Columbus Netherlands BV (‘Zenda’, Netherlands) by way of purchase of shares. |
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1.

On 22 August 2013, 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 JBS SA (Brazil), indirectly controlled by the Batista family, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Seara Holding (Europe) BV (Netherlands), Secculum Participações Ltda (Brazil), União Frederiquense Participações (Brazil), Baumhardt Com. e Part. Ltda (Brazil), Excelsior Alimentos SA (Brazil), Athena Alimentos SA (Brazil) (together referred to as ‘Seara’) and Columbus Netherlands BV (‘Zenda’, Netherlands) by way of purchase of shares.

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






  — | JBS SA is active in the production of beef products, hides and other cattle parts, as well as ready-to-eat meals in Brazil, Argentina, the United States and Australia. JBS also has activities in pork and poultry. It exports its products, among others, to the EEA, |
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2.

The business activities of the undertakings concerned are:

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JBS SA is active in the production of beef products, hides and other cattle parts, as well as ready-to-eat meals in Brazil, Argentina, the United States and Australia. JBS also has activities in pork and poultry. It exports its products, among others, to the EEA,

| — | Seara is primarily active in the rearing of live chickens and pigs for slaughter and in the production of primary and processed chicken and pork products in Brazil. Seara exports primary chicken and certain processed chicken to the EEA, |
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Seara is primarily active in the rearing of live chickens and pigs for slaughter and in the production of primary and processed chicken and pork products in Brazil. Seara exports primary chicken and certain processed chicken to the EEA,

| — | Zenda is active in the leather industry, producing leather for use in various sectors, including aircraft, automotive, furniture and shoes. |
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Zenda is active in the leather industry, producing leather for use in various sectors, including aircraft, automotive, furniture and shoes.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7012 — JBS/Seara/Zenda, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7012 — JBS/Seara/Zenda, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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