CELEX: 32015M7598
Language: en
Date: 2015-06-17 00:00:00
Title: Commission Decision of 17/06/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7598 - DR OETKER / COPPENRATH & WIESE ) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 17.6.2015
                                        C(2015) 4237 final

                                        [pic]

|To the notifying party:                                               |                                                                      |

Dear Sirs,

Subject:    Case M.7598 — Dr. Oetker/Coppenrath & Wiese
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 12 May 2015, 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 (Dr. Oetker, Germany) acquires within the meaning of Article 3(1)(b)  of  the  Merger  Regulation
    sole control of the whole of the undertaking Conditorei Coppenrath & Wiese GmbH & Co. KG (Coppenrath & Wiese, Germany) by way of purchase of
    shares. The same concentration was already notified to the Commission on 20 March 2015, but the notification was subsequently  withdrawn  on
    15 April 2015.[3]

 2. The business activities of the undertakings concerned are:

    — for Dr. Oetker: (i) manufacturer, supplier and distributor of food products (frozen pizza,  baking  ingredients  and  decorations,  powder
    dessert mixes, powder baking mixes, chilled dessert products, convenience products for bakeries and confectioneries), specialty  phosphates,
    sparkling wine, wine, spirits, beer and non-alcoholic beverages, (ii) provider of  shipping  services  (container  shipping  line),  hotels,
    logistical, financial, data centre and hosting services, and (iii) owner of specialised outlets for catering and publishing of cookbooks,

    — for Coppenrath & Wiese: (i) manufacturer, supplier and distributor of frozen cakes, frozen gateaux, frozen desserts and frozen rolls,  and
    (ii) provider of forwarding and warehouse services for deep frozen food products.

 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.[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)
                                        Alexander ITALIANER
                                        Director-General

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[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 170/7, 23.05.2015, p. 7.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE