# C_2018033EN.01002001.xml

| 30.1.2018 | EN | Official Journal of the European Union | C 33/20 |
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30.1.2018

EN

Official Journal of the European Union

C 33/20

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Prior notification of a concentration

(Case M.8748 — Dr. Oetker/Bake & Co)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 33/10)

| 1. | On 22 January 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:






  — | Dr. August Oetker KG (‘Dr. Oetker’, Germany), |
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1.

On 22 January 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:

—

Dr. August Oetker KG (‘Dr. Oetker’, Germany),

| — | Columbus Container Services (‘CCS’, Belgium), controlled by Dr. Oetker, |
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—

Columbus Container Services (‘CCS’, Belgium), controlled by Dr. Oetker,

| — | Bake & Co NV (‘Bake & Co’, Belgium), |
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—

Bake & Co NV (‘Bake & Co’, Belgium),

| — | Diversi Foods Group (‘DF’, Belgium), controlled by Bake & Co. |
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—

Diversi Foods Group (‘DF’, Belgium), controlled by Bake & Co.

Dr. Oetker, through its wholly-owned direct subsidiary CCS, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Bake & Co, which is the holding company of DF. The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Dr. Oetker: the manufacture and distribution of food products (frozen pizza, baking ingredients and decorations, powder dessert mixes, powder baking mixes, chilled dessert products, convenience products for bakeries, and confectioneries), sparkling wine, wine, spirits, beer and non-alcoholic beverages, hotels, specialty phosphates, logistical services, financial services, data centre and hosting services,
  —   for Bake & Co: the manufacture and distribution of frozen bakery products sold as ‘bake-off’ products to retail and food service customers. Its main products are bread, rolls, baguettes, viennoiserie, and savoury snacks. |
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2.

The business activities of the undertakings concerned are:

—   for Dr. Oetker: the manufacture and distribution of food products (frozen pizza, baking ingredients and decorations, powder dessert mixes, powder baking mixes, chilled dessert products, convenience products for bakeries, and confectioneries), sparkling wine, wine, spirits, beer and non-alcoholic beverages, hotels, specialty phosphates, logistical services, financial services, data centre and hosting services,

for Dr. Oetker

—   for Bake & Co: the manufacture and distribution of frozen bakery products sold as ‘bake-off’ products to retail and food service customers. Its main products are bread, rolls, baguettes, viennoiserie, and savoury snacks.

for Bake & Co

| 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:
  Case M.8748 — Dr. Oetker/Bake & Co
  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:

Case M.8748 — Dr. Oetker/Bake & Co

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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