# C_2014429EN.01000501.xml

| 29.11.2014 | EN | Official Journal of the European Union | C 429/5 |
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29.11.2014

EN

Official Journal of the European Union

C 429/5

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Prior notification of a concentration

(Case M.7453 — Cutrale/Safra/Chiquita)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 429/05)

| 1. | On 21 November 2014, 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 Burlingtown UK Limited (United Kingdom), controlled by the Cutrale family, and Mr Joseph Safra, through an acquisition vehicle Erichton Investments Ltd (British Virgin Islands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Chiquita Brands International, Inc. (‘Chiquita’, US) by way of public bid announced on 26 October 2014. |
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1.

On 21 November 2014, 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 Burlingtown UK Limited (United Kingdom), controlled by the Cutrale family, and Mr Joseph Safra, through an acquisition vehicle Erichton Investments Ltd (British Virgin Islands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Chiquita Brands International, Inc. (‘Chiquita’, US) by way of public bid announced on 26 October 2014.

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| 2. | The business activities of the undertakings concerned are:
  —   for Burlingtown UK Limited: belongs to the group Cutrale, which is active worldwide predominantly in the production of orange juice, orange by-products, fresh fruit (mainly oranges) as well as sourcing and trading of soya beans,
  —   for Mr Joseph Safra: owns a network of companies active worldwide in financial services, including commercial and private banking, investment advice and asset management for private and institutional clients,
  —   for Chiquita: is active worldwide in the import and wholesale supply of fresh produce, in particular bananas, as well as the provision of banana ripening and shipping services to third parties. |
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2.

The business activities of the undertakings concerned are:

—   for Burlingtown UK Limited: belongs to the group Cutrale, which is active worldwide predominantly in the production of orange juice, orange by-products, fresh fruit (mainly oranges) as well as sourcing and trading of soya beans,

for Burlingtown UK Limited

—   for Mr Joseph Safra: owns a network of companies active worldwide in financial services, including commercial and private banking, investment advice and asset management for private and institutional clients,

for Mr Joseph Safra

—   for Chiquita: is active worldwide in the import and wholesale supply of fresh produce, in particular bananas, as well as the provision of banana ripening and shipping services to third parties.

for Chiquita

| 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 this Notice. |
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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 this 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 M.7453 — Cutrale/Safra/Chiquita, 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 M.7453 — Cutrale/Safra/Chiquita, 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 ‘Merger Regulation’).

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

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