CELEX: 32020M9788
Language: en
Date: 2020-03-20 00:00:00
Title: Commission Decision of 20/03/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9788 - JAB / JACOBS DOUWE EGBERTS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 20.03.2020
                                                                C(2020) 1871 final
                                                                                 PUBLIC VERSION
                                                                  To the notifying party
Subject:        Case M.9788 – JAB / JACOBS DOUWE EGBERTS
                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 26 February 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which JAB Holding
        Company S.A.R.L. (‘JAB’, Luxembourg), via its indirect subsidiary Acorn Holdings
        B.V. (‘Acorn’, the Netherlands), acquires within the meaning of Article 3(1)(b) of the
        Merger Regulation sole control of the whole of Jacobs Douwe Egberts B.V. (‘Jacobs
        Douwe Egberts’, the Netherlands), currently jointly controlled by JAB and Mondelēz
        Interntional Inc.3 The concentration is accomplished by way of purchase of shares.
2.      The business activities of the undertakings concerned are:
             JAB: a privately held group focused on long-term investments in companies with
              premium brands in the consumer goods sector,
             Acorn: one of JAB’s investment holding companies with investments in Jacobs
              Douwe Egberts, Peet’s Coffee and Keurig Dr Pepper,
             Jacobs Douwe Egberts: a coffee and tea manufacturer with a broad brand
              portfolio.
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 75, 9.3.2020, p. 23.
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(d) 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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