# C_2018117EN.01000401.xml

| 3.4.2018 | EN | Official Journal of the European Union | C 117/4 |
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3.4.2018

EN

Official Journal of the European Union

C 117/4

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Prior notification of a concentration

(Case M.8838 — Kerry Group/Korys Investments/Proparent)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 117/04)

| 1. | On 19 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Korys Investments NV (‘Korys’, Belgium), belonging to the Colruyt Group, |
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1.

On 19 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

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This notification concerns the following undertakings:

—

Korys Investments NV (‘Korys’, Belgium), belonging to the Colruyt Group,

| — | Kerry Group plc (‘Kerry’, Ireland), |
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—

Kerry Group plc (‘Kerry’, Ireland),

| — | Proparent NV (‘Proparent’, the Netherlands), 100 % shareholder of Ojah BV. |
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—

Proparent NV (‘Proparent’, the Netherlands), 100 % shareholder of Ojah BV.

Korys and Kerry acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Proparent, currently solely controlled by Korys.

The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Korys: investments in a wide range of companies active in software solutions, sustainable energy and medical applications. Also part of the same Group, Colruyt is active in the retail distribution of daily consumer goods in Belgium, Luxembourg and France,
  —   for Kerry: manufacture of food ingredients and flavours for the food, beverage and pharmaceutical industry,
  —   for Proparent: development and manufacture of plant-based protein products that serve as meat and fish replacement. |
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2.

The business activities of the undertakings concerned are:

—   for Korys: investments in a wide range of companies active in software solutions, sustainable energy and medical applications. Also part of the same Group, Colruyt is active in the retail distribution of daily consumer goods in Belgium, Luxembourg and France,

for Korys

—   for Kerry: manufacture of food ingredients and flavours for the food, beverage and pharmaceutical industry,

for Kerry

—   for Proparent: development and manufacture of plant-based protein products that serve as meat and fish replacement.

for Proparent

| 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 the 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. |
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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 the 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.

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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. The following reference should always be specified:
  M.8838 — Kerry Group/Korys Investments/Proparent
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  Email: COMP-MERGER-REGISTRY@ec.europa.eu |
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| Fax +32 22964301 |
| Postal 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. The following reference should always be specified:

M.8838 — Kerry Group/Korys Investments/Proparent

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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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