CELEX: 32014M7180
Language: en
Date: 2014-05-05 00:00:00
Title: Commission Decision of 05/05/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7180 - AGRIFIRM / BAYWA / AGRIMEC JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 5.5.2014
                                        C(2014) 3049 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

|To the notifying parties                                               |                                                                       |

Dear Sirs,

Subject:    Case M.7180 - AGRIFIRM / BAYWA / AGRIMEC JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 4 April 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by
    which the undertakings BayWa AG ("BayWa", Germany) and Agrifirm Group B.V. ("Agrifirm", the  Netherlands)  acquire  within  the  meaning  of
    Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Agrimec Group B.V. ("Agrimec JV", the Netherlands) by
    way of purchase of shares. Agrimec is presently a fully-owned subsidiary of Agrifirm.[2]

 2. The business activities of the undertakings concerned are:

      – for Agrifirm: cooperative enterprise of  Dutch  farmers  and  horticulturalists  providing  products  and  services  in  arable  farming,
        horticulture, livestock, cattle, poultry and pork sector, organic farming and agricultural machinery,

      – for BayWa: trading and services in agricultural products, building materials and energy products, and

      – for Agrimec JV: importation and distribution of agricultural machinery, including related after-sales services, in the Netherlands.

 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 paragraphs 5(a) and 6 of the Commission Notice on a simplified procedure for treatment  of  certain  concentrations
    under Council Regulation (EC) No 139/2004.[3]

 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.

                                        For the Commission

                                        (signed)
                                        Alexander ITALIANER
                                        Director-General

-----------------------
[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]   Publication in the Official Journal of the European Union No C 111, 12.4.2014, p. 18.

[3]   OJ C 366, 14.12.2013, p. 5.