Prior notification of a concentration (Case M.10874 – DSM / FONTERRA / TASMAN) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 458/09
Date: 2022-12-01
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, human nutrition, merger control, milk product, milk protein








C_2022458EN.01001301.xml










1.12.2022   


EN


Official Journal of the European Union


C 458/13






Prior notification of a concentration
(Case M.10874 – DSM / FONTERRA / TASMAN)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 458/09)

1.   
On 23 November 2022, 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:






—


DSM Venturing B.V. (‘DSM’, The Netherlands), ultimately controlled by Royal DSM N.V. group (‘Royal DSM’, The Netherlands),










—


Fonterra (Europe) Coöperatie U.A. (‘Fonterra’, The Netherlands), ultimately controlled by Fonterra Co-operative Group Limited (‘Fonterra Co-operative’, New Zealand),










—


A newly created company, Tasman (‘JV’, The Netherlands).




DSM and Fonterra will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.
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 the following:






—


Fonterra is active in the production and sale of dairy products worldwide,










—


DSM is active in nutrition, health and bioscience providing nutritional solutions, specialty additives to nutritional segments, ingredients, biomedical materials as well as solutions that address taste and texture,










—


The JV will be active in the market for alternative proteins by developing and producing, marketing and selling fermentation-derived dairy protein.






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 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.10874 – DSM / Fonterra / Tasman
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.