Prior notification of a concentration (Case M.9574 — Associated British Foods/Wilmar International/AB Mauri Yihai Kerry China Investment Holding Company) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 4/04
Date: 2020-01-08
Institutions: Directorate-General for Competition, European Commission
Subjects: agro-industry, consumer goods, economic concentration, flour milling, investment company, merger control, oil mill, retail trade, sugar industry, sugar refining








C_2020004EN.01000501.xml










8.1.2020   


EN


Official Journal of the European Union


C 4/5






Prior notification of a concentration
(Case M.9574 — Associated British Foods/Wilmar International/AB Mauri Yihai Kerry China Investment Holding Company)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 4/04)

1.   
On 19 December 2019, 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:






—


AB Mauri China Limited (‘ABM’, China), an indirect wholly-owned subsidiary of Associated British Foods (‘ABF’, United Kingdom),










—


Yihai Kerry Arawana Holdings Co. Ltd. (‘YKA’, China), an indirect subsidiary of Wilmar International Limited (‘WILMAR’, Singapore).




ABF and WILMAR acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:






—


for ABF: the company is active in five main business domains, namely (i) production of baking ingredients; (ii) production of sugar; (iii) manufacture of grocery products; (iv) supply of agricultural products to farmers; and (v) high street retailing,










—


for ABM: production of yeast and bakery ingredients,










—


for WILMAR: oil palm cultivation, oilseed crushing, edible oil refining, sugar milling and refining, manufacturing of consumer products, specialty fats, oleochemicals, biodiesel and fertilisers as well as flour and rice milling,










—


for YKA: investment activities, mainly in the following industries: oilseed crushing, edible oil refining, specialty fats, oleochemicals, processing of corn, wheat and soybean, sustainable multi-stage processing of rice food and beverage, grain and oil technology R & D.






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:
M.9574 — Associated British Foods/Wilmar International/AB Mauri Yihai Kerry China Investment Holding Company
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.