# C_2011064EN.01001201.xml

| 1.3.2011 | EN | Official Journal of the European Union | C 64/12 |
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1.3.2011

EN

Official Journal of the European Union

C 64/12

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Prior notification of a concentration

(Case COMP/M.6076 — Orangina Schweppes/Européenne d'Embouteillage)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 64/09

| 1. | On 17 February 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Orangina Schweppes, France, controlled by the Suntory Group, Japan, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Européenne d'Embouteillage, France, by way of purchase of shares. |
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1.

On 17 February 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Orangina Schweppes, France, controlled by the Suntory Group, Japan, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Européenne d'Embouteillage, France, by way of purchase of shares.

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






  — | for Suntory Group: manufacture and marketing of foodstuffs, diet drinks and non-alcoholic and alcoholic beverages; also catering services and other activities related to health, nature and wellness in Japan, Asia, America and the Oceania region. The Suntory Group does limited business in Europe in the alcoholic beverages market, |
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2.

The business activities of the undertakings concerned are:

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for Suntory Group: manufacture and marketing of foodstuffs, diet drinks and non-alcoholic and alcoholic beverages; also catering services and other activities related to health, nature and wellness in Japan, Asia, America and the Oceania region. The Suntory Group does limited business in Europe in the alcoholic beverages market,

| — | for Orangina Group: manufacture and marketing of non-alcoholic beverages (except for colas) in various countries, particularly in Europe, |
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for Orangina Group: manufacture and marketing of non-alcoholic beverages (except for colas) in various countries, particularly in Europe,

| — | for Européenne d'Embouteillage: manufacture of non-alcoholic beverages in France. |
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for Européenne d'Embouteillage: manufacture of non-alcoholic beverages in France.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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 EC 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 EC Merger Regulation (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. 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 COMP/M.6076 — Orangina Schweppes/Européenne d'Embouteillage, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 COMP/M.6076 — Orangina Schweppes/Européenne d'Embouteillage, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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