# C_2013125EN.01000501.xml

| 1.5.2013 | EN | Official Journal of the European Union | C 125/5 |
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1.5.2013

EN

Official Journal of the European Union

C 125/5

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Prior notification of a concentration

(Case COMP/M.6895 — 3G Special Situations Fund III/Berkshire Hathaway/H.J. Heinz Company)

(Text with EEA relevance)

2013/C 125/05

| 1. | On 24 April 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 undertakings 3G Capital Inc. via 3G Special Situations Fund III, LP (United States of America) and Berkshire Hathaway Inc. (United States of America) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking H.J. Heinz Company (United States of America) by way of purchase of shares. |
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1.

On 24 April 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 undertakings 3G Capital Inc. via 3G Special Situations Fund III, LP (United States of America) and Berkshire Hathaway Inc. (United States of America) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking H.J. Heinz Company (United States of America) by way of purchase of shares.

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






  — | 3G Capital Inc. is a global investment firm with a focus on the retail and consumer sector. Its portfolio includes a controlling shareholding in Burger King Corporation, |
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2.

The business activities of the undertakings concerned are:

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3G Capital Inc. is a global investment firm with a focus on the retail and consumer sector. Its portfolio includes a controlling shareholding in Burger King Corporation,

| — | Berkshire Hathaway Inc. is a holding company owning subsidiaries engaged in a number of business activities including property and casualty insurance, freight rail transportation, utilities and energy, finance, manufacturing, services and retailing, |
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Berkshire Hathaway Inc. is a holding company owning subsidiaries engaged in a number of business activities including property and casualty insurance, freight rail transportation, utilities and energy, finance, manufacturing, services and retailing,

| — | H.J. Heinz Company is a global food processing company whose product portfolio includes ketchup, condiments and sauces, frozen food, infant nutrition and other food products. |
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H.J. Heinz Company is a global food processing company whose product portfolio includes ketchup, condiments and sauces, frozen food, infant nutrition and other food products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. 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 the EC Merger Regulation. 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6895 — 3G Special Situations Fund III/Berkshire Hathaway/H.J. Heinz Company, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6895 — 3G Special Situations Fund III/Berkshire Hathaway/H.J. Heinz Company, 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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