# C_2016219EN.01002901.xml

| 17.6.2016 | EN | Official Journal of the European Union | C 219/29 |
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17.6.2016

EN

Official Journal of the European Union

C 219/29

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Prior notification of a concentration

(Case M.7946 — PAI/Nestlé/Froneri)

(Text with EEA relevance)

(2016/C 219/08)

| 1. | On 10 June 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which PAI Partners SAS (‘PAI’, France) and Nestlé SA (‘Nestlé’, Switzerland) acquire within the meaning of Article 3(4) of the Merger Regulation joint control over a newly created joint venture (‘Froneri’, United Kingdom), by way of purchase of shares and transfer of assets. |
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1.

On 10 June 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which PAI Partners SAS (‘PAI’, France) and Nestlé SA (‘Nestlé’, Switzerland) acquire within the meaning of Article 3(4) of the Merger Regulation joint control over a newly created joint venture (‘Froneri’, United Kingdom), by way of purchase of shares and transfer of assets.

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| 2. | The business activities of the undertakings concerned are:
  —   for PAI: private equity investor active in a broad range of industries across the EEA. Its portfolio company R&R is a UK industrial ice cream manufacturer active in a number of EEA countries,
  —   for Nestlé: active in the production, marketing and sale of a large variety of food and beverage products, including ice cream products, across the EEA,
  —   Froneri: will comprise the entirety of R&R Ice Cream’s business, which is principally active in Europe, South Africa and Australia and Nestlé’s ice cream businesses in Europe, the Middle East and North Africa, as well as in certain other geographic areas including the Philippines, Brazil and Argentina. It is proposed that Nestlé will also transfer to the JV elements of its frozen food businesses (but not frozen pizza) in a number of European countries and its chilled dairy business in the Philippines. |
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2.

The business activities of the undertakings concerned are:

—   for PAI: private equity investor active in a broad range of industries across the EEA. Its portfolio company R&R is a UK industrial ice cream manufacturer active in a number of EEA countries,

for PAI

—   for Nestlé: active in the production, marketing and sale of a large variety of food and beverage products, including ice cream products, across the EEA,

for Nestlé

—   Froneri: will comprise the entirety of R&R Ice Cream’s business, which is principally active in Europe, South Africa and Australia and Nestlé’s ice cream businesses in Europe, the Middle East and North Africa, as well as in certain other geographic areas including the Philippines, Brazil and Argentina. It is proposed that Nestlé will also transfer to the JV elements of its frozen food businesses (but not frozen pizza) in a number of European countries and its chilled dairy business in the Philippines.

Froneri

| 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. |
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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.

| 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.7946 — PAI/Nestlé/Froneri, 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.7946 — PAI/Nestlé/Froneri, 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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