CELEX: 32014M7199
Language: en
Date: 2014-05-05 00:00:00
Title: Commission Decision of 05/05/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7199 - NESTLE / GALDERMA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 5.5.2014
                                        C(2014) 3050 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

                                        |To the notifying party                                             |                                                                   |

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

Subject:    Case M.7199 - NESTLE / GALDERMA
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 4 April 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by
    which the undertaking Nestlé S.A. ('Nestlé', Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of
    the whole of Galderma Pharma S.A. (Switzerland) and Galderma International S.A.S. (France), together referred to  as  'Galderma',  currently
    jointly controlled by Nestlé and L'Oréal S.A., by way of purchase of shares.[2]

 2. The business activities of the undertakings concerned are:

      – for Nestlé: production, marketing and sale of a large variety of food and beverage products, including dairy  products,  prepared  foods,
        sausages, dry pasta, ice cream, chocolate and tea, etc. Through its subsidiaries, Nestlé is also active in in  the  market  for  sale  of
        cosmetic and personal care products for babies, kids and pregnant women.

      – for Galderma: sale of dermatological products with a limited number of personal 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(c) 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 111, 12.4.2014, p. 16.

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