CELEX: 32021M10204
Language: en
Date: 2021-06-07 00:00:00
Title: Commission Decision of 07/06/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10204 - TOTAL PRODUCE / DOLE FOOD COMPANY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 07.06.2021
                                                                C(2021) 4229 final
                                                                                 PUBLIC VERSION
                                                                Total Produce plc
                                                                29 North Anne Street
                                                                Dublin 7 D07 PH36
                                                                Republic of Ireland
                                                                DFC Holdings, LLC
                                                                200 S Tryon St., Suite 600
                                                                Charlotte NC 28211
                                                                USA
Subject:        Case M.10204 – TOTAL PRODUCE / DOLE FOOD COMPANY
                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 10 May 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Total Produce
        plc (“Total Produce”, Republic of Ireland) enters into a full merger within the
        meaning of Article 3(1)(a) of the Merger Regulation with DFC Holdings and its
        wholly owned subsidiary, Dole Food Company Inc (“Dole Food Company”). DFC
        Holdings and Dole Food Company are together referred to as “Dole”).3
2.      The business activities of the undertakings concerned are:
        −     for Total Produce: import and distribution of a wide range of fresh fruit and
              vegetables, including bananas and pineapples. Total Produce also operates banana
              ripening centres and is active worldwide, with a focus on Europe;
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 193, 20.5.2021, p.6-7.
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---    −    for Dole: production, sales and distribution of fresh fruit and vegetables,
        including bananas and pineapples, in North America, Europe, Latin America,
        South Africa and Dubai, with a main focus on North America.
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(d) 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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