CELEX: 32019M9405
Language: en
Date: 2019-10-09 00:00:00
Title: Commission Decision of 09/10/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9405 - CPF / ITOCHU / HYLIFE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 9.10.2019
                                                                C(2019) 7376 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9405 — CPF/Itochu/HyLife
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 16 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Charoen
        Pokphand Foods Public Company Limited (‘CPF’, Thailand) and Itochu Corporation
        (‘Itochu’, Japan) acquire within the meaning of Articles 3(1)(b) and 3(4) of the
        Merger Regulation joint control of the whole of HyLife Group Holdings Ltd (‘HyLife
        Group’, Canada), currently jointly controlled by HyLife Investments Ltd (Canada) and
        Itochu. The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for CPF: breeding and farming of livestock (swine, chicken, duck) and
              aquaculture (shrimp, fish), manufacturing of feed for livestock and aquaculture,
              as well as production of processed and ready-to-eat meat and ready meal
              products, as well as operating food retail outlets and restaurants,
             for Itochu: active across a wide range of industries including textiles, machinery,
              metals and minerals, energy and chemicals, general products, information
              technology and communications, financial and insurance, as well as food,
             for HyLife Group: breeding, raising and slaughtering of swine livestock and
              production and distribution of pork products (fresh, chilled and frozen pork meat).
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 318, 23.9.2019, p. 20.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 3. After examination of the notification, the European Commission has concluded that
   the notified operation falls within the scope of the Merger Regulation and of
   paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                  For the Commission
                                                  (Signed)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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