CELEX: 32014M7195
Language: en
Date: 2014-03-18 00:00:00
Title: Commission Decision of 18/03/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7195 - LOTTE / NESTLE / LOTTE NESTLE KOREA JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
|                                  |                                                                                                         |
|                                  |                                                                                                         |
|                                  |                                                                                                         |
|                                  |                                                                                                         |

                                        Brussels, 18.3.2014
                                        C(2014) 1924 final

|                                                                   |To the notifying parties:                                          |
|                                                                   |                                                                   |
|                                                                   |                                                                   |

Dear Madam(s) and/or Sir(s),

Subject:    Case M.7195 – LOTTE / NESTLE / LOTTE NESTLE KOREA JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 19 February 2014, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which Nestlé S.A. ("Nestlé", Switzerland) and Lotte Group ("LOTTE", Korea) acquire within the meaning of  Article  3(1)(b)  of
    the Merger Regulation joint control in a newly created company constituting a joint venture ("LOTTE-Nestlé (Korea) JV",  Korea)  by  way  of
    purchase of shares[2].

 2. The business activities of the undertakings concerned are:

       – Nestlé: production, marketing and sale of a large variety of food and beverage products, as well as some non-food related activities,

       – LOTTE: holding group with interests in sectors such as food, retail, hotels, chemicals, construction and finance,

       – LOTTE-Nestlé (Korea) JV: production, distribution and sale of a number of food and beverage products, as well as pet care 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(a) 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 53, 25.2.2014, p. 31.

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

-----------------------

                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE