# C_2009095EN.01002801.xml

| 24.4.2009 | EN | Official Journal of the European Union | C 95/28 |
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24.4.2009

EN

Official Journal of the European Union

C 95/28

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Prior notification of a concentration

(Case COMP/M.5431 — ADM/Schokinag)

(Text with EEA relevance)

2009/C 95/08

| 1. | On 17 April 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Archer Daniels Midland Company (‘ADM’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Hermann GmbH (‘Hermann’, Germany), Schokinag-Schokolade-Industrie Herrmann GmbH & Co. KG (‘Schokinag KG’, Germany) and Ammon & Hermann GmbH & Co. KG (‘Ammon KG’, Germany), these three companies being hereinafter collectively referred as ‘Schokinag’, by way of purchase of shares. |
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1.

On 17 April 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Archer Daniels Midland Company (‘ADM’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Hermann GmbH (‘Hermann’, Germany), Schokinag-Schokolade-Industrie Herrmann GmbH & Co. KG (‘Schokinag KG’, Germany) and Ammon & Hermann GmbH & Co. KG (‘Ammon KG’, Germany), these three companies being hereinafter collectively referred as ‘Schokinag’, by way of purchase of shares.

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






  — | for undertaking ADM: procurement, transport, storing, processing and merchandising agricultural commodities and products, including oil seed, corn, wheat and cocoa, |
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2.

The business activities of the undertakings concerned are:

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for undertaking ADM: procurement, transport, storing, processing and merchandising agricultural commodities and products, including oil seed, corn, wheat and cocoa,

| — | for undertaking Schokinag: production, sale and distribution of semi-finished cocoa and chocolate products. |
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for undertaking Schokinag: production, sale and distribution of semi-finished cocoa and chocolate products.

| 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.5431 — ADM/Schokinag, 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.5431 — ADM/Schokinag, 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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