Prior notification of a concentration (M.11147 – NESTLE / PAI PARTNERS / JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 249/05
Date: 2023-07-14
Institutions: Directorate-General for Competition, European Commission
Subjects: bread, economic concentration, food industry, frozen product, investment company, merger control








C_2023249EN.01000801.xml










14.7.2023   


EN


Official Journal of the European Union


C 249/8






Prior notification of a concentration
(M.11147 – NESTLE / PAI PARTNERS / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 249/05)

1.   
On 3 July 2023, 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:






—


PAI Partners S.à.r.l. (‘PAI Partners’, Luxembourg), controlled by PAI Partners S.A.S. (France),










—


Nestlé S.A. (‘Nestlé’, Switzerland),










—


Nestlé’s frozen pizza business (‘JV’, Luxembourg), controlled by Nestlé.




PAI Partners and Nestlé 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.


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






—


PAI Partners: manages private equity funds which acquire companies active in the following sectors: business services, food & consumer, general industrials, and healthcare,










—


Nestlé: produces and sales of a large variety of food and beverage products, including dairy products; coffee beverages; packaged water; cereals; culinary products including prepared food, condiments, sauces and dry pasta; ice cream; chocolate and tea beverages; confectionary products, snacks and pet food, healthcare nutrition products,










—


the JV: produces and distributes frozen pizza in Andorra, Belgium, Czechia, Denmark, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Malta, the Netherlands, Slovakia, Sweden, the United Kingdom.






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.11147 – NESTLE / PAI PARTNERS / JV
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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.