Prior notification of a concentration (Case M.8748 — Dr. Oetker/Bake &amp; Co) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-01-30
Institutions: European Commission
Subjects: economic concentration, food industry, merger control, processed foodstuff








C_2018033EN.01002001.xml










30.1.2018   


EN


Official Journal of the European Union


C 33/20





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),










—


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










—


Bake & Co NV (‘Bake & Co’, Belgium),










—


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.










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.










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










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

(2)  OJ C 366, 14.12.2013, p. 5.