CELEX: 32018M8838
Language: en
Date: 2018-04-13 00:00:00
Title: Commission Decision of 13/04/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8838 - KERRY GROUP / KORYS INVESTMENTS / PROPARENT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 13.04.2018
            
            
               C(2818) 2366 final
            
            
               To the notifying parties
               
            
               Subject:Case M.8838 - KERRY GROUP / KORYS INVESTMENTS / PROPARENT
                  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 19 March 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Kerry Group PLC (‘Kerry’, Ireland) and Korys Investments NV ('Korys', Belgium), belonging to the Colruyt Group, acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of the undertaking Proparent NV (‘Proparent’, the Netherlands) by way of purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Kerry : manufacture of food ingredients and flavours for the food, beverage and pharmaceutical industry; 
            
            
               -for Korys : investments in a wide range of companies active in software solutions, sustainable energy and medical applications. Also part of the same Group, Colruyt is active in the retail distribution of daily consumer goods in Belgium, Luxembourg and France;
            
            
               -for Proparent : development and manufacture of plant based protein products that serve as meat and fish replacement.
            
            
               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 117, 03.04.2018, p. 4.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.