CELEX: 32022M10411
Language: en
Date: 2022-01-18 00:00:00
Title: Commission Decision of 18/01/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10411 - ABM / YKA / HEBEI MAURI) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 18.1.2022
                                                               C(2022) 403 final
                                                                               PUBLIC VERSION
                                                               Associated British Foods plc
                                                               No. 293262 at Weston Centre,
                                                               10 Grosvenor Street
                                                               W1K 4QY London
                                                               United Kingdom
                                                               Wilmar International Limited
                                                               15th Floor, 1379, Bocheng Road,
                                                               China (Shanghai) Pilot Free Trade
                                                               Zone
                                                               200135 Shanghai
                                                               China
                                                               AB Mauri Yihai Kerry Investment
                                                               Company
                                                               No. 293262 at Weston Centre
                                                               10 Grosvenor Street
                                                               W1K 4QY London
                                                               United Kingdom
Subject:        Case M.10411 – ABM / YKA / HEBEI MAURI
                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
Dear Sir or Madam,
1.      On 14 December 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Associated
        British Foods plc (‘ABF’, United Kingdom) and Wilmar International Limited
        (‘Wilmar’, Singapore) acquire, through their common joint venture AB Mauri Yihai
        Kerry Investment Company Limited (‘AB Mauri’, China), joint control of the whole
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’).
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---    of Hebei Mauri Food Co., Ltd. (‘Hebei Mauri’ or the ‘Target’ China), currently
   controlled by ABF, within the meaning of Article 3(1)(b) and 3(4) of the Merger
   Regulation. 3
2. The business activities of the undertakings concerned are:
   −    for ABF: active in five main business domains worlwide, namely (i) production
        of baking ingredients, including yeast; (ii) production of sugar; (iii) manufacture
        of grocery products; (iv) supply of agricultural products to farmers; and (v) high
        street retailing,
   −    for Wilmar: active in oil palm cultivation, oilseed crushing, edible oil refining,
        sugar milling and refining, manufacturing of consumer products, specialty fats,
        oleochemicals, biodiesel and fertilisers as well as flour and rice milling
        worldwide,
   −    for Hebei Mauri: active in the manufacture and supply of bakers’ yeast to China
        and other countries, including in Asia; and
   −    for AB Mauri: active in the manufacture, sale and distribution of yeast, bakery
        ingredients and bakery fats in Asia, as well as the provision of relevant bakery
        and technical services related to these products in Asia.
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
   paragraphs 5(a) and (b) 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
3  Publication in the Official Journal of the European Union No C 514I, 21.12.2021, p. 19.
4  OJ C 366, 14.12.2013, p. 5.
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