CELEX: 32020M9746
Language: en
Date: 2020-04-08 00:00:00
Title: Commission Decision of 08/04/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9746 - FYFFES LIMITED / VAN WYLICK GMBH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 08.04.2020
                                                                C(2020) 2327 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9746 – FYFFES LIMITED / VAN WYLICK GMBH
                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 13 March 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Fyffes Limited (‘Fyffes’, Ireland), a wholly-owned subsidiary of the
        Sumitomo Corporation (‘Sumitomo’, Japan) acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking
        Fruchtimport van Wylick GmbH (‘van Wylick’, Germany). The concentration is
        accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             − for Fyffes, the procurement, shipping, import and wholesale of bananas. In the
                 EEA, Fyffes also imports other fruits, including pineapples, and provides some
                 limited banana ripening and shipping services to third parties,
             − for Sumitomo, investments in various sectors such as trading of metal
                 products, transportation and construction, chemicals and electronics, media,
                 mineral resources and energy,
             − for van Wylick, provision of banana ripening services, as well as distribution
                 of fresh fruit.
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 98, 25.3.2020, p. 14.
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--- 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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