# C_2009050EN.01001301.xml

| 3.3.2009 | EN | Official Journal of the European Union | C 50/13 |
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3.3.2009

EN

Official Journal of the European Union

C 50/13

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Prior notification of a concentration

(Case COMP/M.5449 — ABF/Azucarera)

(Text with EEA relevance)

(2009/C 50/10)

| 1. | On 23 February 2009, 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 Associated British Foods Plc (‘ABF’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Azucarera Ebro S.L. (‘Azucarera’, Spain) by way of purchase of shares. |
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1.

On 23 February 2009, 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 Associated British Foods Plc (‘ABF’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Azucarera Ebro S.L. (‘Azucarera’, Spain) by way of purchase of shares.

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






  — | for ABF: a diversified food, ingredients and retail group. Products among others include sugar, molasses and yeast. British Sugar conducts ABF's sugar operations by producing sugar from sugar beet for supply to the retail and industrial sector, mainly in the UK, |
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2.

The business activities of the undertakings concerned are:

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for ABF: a diversified food, ingredients and retail group. Products among others include sugar, molasses and yeast. British Sugar conducts ABF's sugar operations by producing sugar from sugar beet for supply to the retail and industrial sector, mainly in the UK,

| — | for Azucarera: a wholly-owned subsidiary of Ebro Puleva S.A. (Spain). It produces sugar and sugar derivatives from sugar beet and supplies these products to the retail and industrial sectors in Spain and in Portugal. |
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for Azucarera: a wholly-owned subsidiary of Ebro Puleva S.A. (Spain). It produces sugar and sugar derivatives from sugar beet and supplies these products to the retail and industrial sectors in Spain and in Portugal.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 Regulation (EC) No 139/2004. 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5449 — ABF/Azucarera, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5449 — ABF/Azucarera, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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