CELEX: 32020M9925
Language: en
Date: 2020-09-14 00:00:00
Title: Commission Decision of 14/09/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9925 - LACTALIS NESTLÉ PRODUITS FRAIS / CERTAIN ASSETS OF PARMALAT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 14.09.2020
                                                                C(2020) 6366 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9925 – LACTALIS NESTLÉ PRODUITS FRAIS / CERTAIN
                ASSETS OF PARMALAT
                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 19 August 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings B.S.A. (France) and Nestlé S.A. (Switzerland) acquire within the
        meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over part
        of undertaking Lactalis Nestlé produits frais (‘LNPF’, France), by way of purchase of
        assets.3
2.      The business activities of the undertakings concerned are:
              B.S.A. is the parent company of the Lactalis group which is mainly active in
                 the production and marketing of milk and dairy products;
              Nestlé S.A. is the parent company of an international group, which is mainly
                 active in the food industry. Nestlé S.A. is primarily involved in the production,
                 marketing and sale of a large variety of food and beverage products, including
                 dairy products; and
              LNPF manufactures and sells chilled dairy products, i.e., yogurts, fresh cheese
                 and fresh dairy desserts.
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
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 284, 28.8.2020, p. 5.
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---    paragraph 6 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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