CELEX: 32018M8748
Language: en
Date: 2018-02-15 00:00:00
Title: Commission Decision of 15/02/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8748 - DR OETKER / BAKE & CO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 15.2.2018
            
            
               C(2018) 1052 final
               
            
               To the notifying party
               
            
               Subject:Case M.8748 - DR OETKER / BAKE & CO
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 22 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Dr. August Oetker KG (Germany), through its wholly-owned direct subsidiary Columbus Container Services BVBA (Belgium), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Bake & Co NV (Belgium) by way of purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Dr. Oetker: the manufacture and distribution of food products (frozen pizza, baking ingredients and decorations, powder dessert mixes, powder baking mixes, chilled dessert products, convenience products for bakeries, and confectioneries), sparkling wine, wine, spirits, beer and non-alcoholic beverages, hotels, specialty phosphates, logistical services, financial services, data centre and hosting services,
            
            
               -for Bake & Co: the manufacture and distribution of frozen bakery products sold as ‘bake-off’ products to retail and food service customers. Its main products are bread, rolls, baguettes, viennoiserie, and savoury snacks.
            
            
               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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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               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)
               Johannes LAITENBERGER
                  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)
                   
                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
               
               
                  
                     (3)
                   
                        Publication in the Official Journal of the European Union No C 033, 30.01.2018, p. 20.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.