Prior notification of a concentration (Case COMP/M.5961 — Bertrand Restauration/Inbev France/Bars&Co) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-11-26
Institutions: European Commission
Subjects: economic concentration, exchange of information, leisure, merger control








C_2010321EN.01001201.xml










26.11.2010   


EN


Official Journal of the European Union


C 321/12





Prior notification of a concentration
(Case COMP/M.5961 — Bertrand Restauration/Inbev France/Bars&Co)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 321/07






1.


On 19 November 2010, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Groupe Bertrand Restauration (‘Bertrand Restauration’, France), controlled by Groupe Bertrand (‘Groupe Bertrand’, France), Groupe LVMH (‘LVMH’, France) and AB Inbev France (‘Inbev France’, France), controlled by Anheuser-Bush Inbev (‘Groupe Inbev’, Belgium), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Bars&Co by way of a newly created company called Bars&Co Développement Franchises (‘BCDF’, France).










2.


The business activities of the undertakings concerned are:






—


Bertrand Restauration specialises in the catering sector (sandwich shops, cafeterias, fast food restaurants),










—


Groupe Bertrand, aside from Bertrand Restauration, is active in the bakery sector and distributes beverages to the hospitality industry,










—


LVMH is a leading French group specialising in the luxury goods industry (wines, spirits, fashion, leather goods, perfumes, jewellery),










—


Groupe Anheuser-Busch Inbev produces and distributes beers and non-alcoholic beverages,










—


Bars&CO currently manages, as part of Inbev France, the theme bar franchise networks of the Anheuser-Busch Inbev group in France under the trade names ‘Au Bureau’, ‘Belgian Beer Café’, ‘Brussel's Café’, ‘Café Leffe’ and ‘Irish Corner’,










—


BCDF is a new company created to serve operational requirements, and will be used through Bars&Co to develop franchise networks of bars, brasseries and restaurants.














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.










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.5961 — Bertrand Restauration/Inbev France/Bars&Co, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










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

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