# C_2014053EN.01003101.xml

| 25.2.2014 | EN | Official Journal of the European Union | C 53/31 |
| --- | --- | --- | --- |

25.2.2014

EN

Official Journal of the European Union

C 53/31

---

Prior notification of a concentration

(Case COMP/M.7195 — Lotte/Nestlé/Lotte-Nestlé Korea JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 53/09

| 1. | On 19 February 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Nestlé SA (‘Nestlé’, Switzerland) and Lotte Group (‘Lotte’, Korea) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control in a newly created company constituting a joint venture (‘Lotte-Nestlé Korea JV’, Korea) by way of purchase of shares. |
| --- | --- |

1.

On 19 February 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Nestlé SA (‘Nestlé’, Switzerland) and Lotte Group (‘Lotte’, Korea) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control in a newly created company constituting a joint venture (‘Lotte-Nestlé Korea JV’, Korea) by way of purchase of shares.

1

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






  — | Nestlé: production, marketing and sale of a large variety of food and beverage products, as well as some non-food related activities, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Nestlé: production, marketing and sale of a large variety of food and beverage products, as well as some non-food related activities,

| — | Lotte: holding group with interests in sectors such as food, retail, hotels, chemicals, construction and finance, |
| --- | --- |

—

Lotte: holding group with interests in sectors such as food, retail, hotels, chemicals, construction and finance,

| — | Lotte-Nestlé Korea JV: production, distribution and sale of a number of food and beverage products, as well as pet care products. |
| --- | --- |

—

Lotte-Nestlé Korea JV: production, distribution and sale of a number of food and beverage products, as well as pet care products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

2

| 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.7195 — Lotte/Nestlé/Lotte-Nestlé Korea JV, to the following address:





  European Commission |
| --- | --- |
| 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.7195 — Lotte/Nestlé/Lotte-Nestlé Korea JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---