CELEX: 32014M7453
Language: en
Date: 2014-12-16 00:00:00
Title: Commission Decision of 16/12/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7453 - CUTRALE / SAFRA / CHIQUITA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 16.12.2014
                                        C(2014) 10062 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

|                                                                       |To the notifying parties                                               |

Dear Sirs,

Subject:    Case M.7453 - CUTRALE/ SAFRA/ CHIQUITA
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 21 November 2014, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertaking Burlingtown UK Limited. (United Kingdom), controlled by  the  Cutrale  family,  and  Mr.  Joseph  Safra,
    through an acquisition vehicle Erichton Investments Ltd. (British Virgin Islands), acquire within the meaning  of  Article  3(1)(b)  of  the
    Merger Regulation joint control of the undertaking Chiquita Brands International, Inc. ("Chiquita", US) by way of public bid announced on 26
    October 2014.[2]

 2. The business activities of the undertakings concerned are:

  – for Burlingtown UK Limited: belongs to the group Cutrale, which is active worldwide predominantly in the production of orange juice,  orange
    by-products, fresh fruit (mainly oranges) as well as sourcing and trading of soya beans,

  – for Mr. Joseph Safra: owns a network of companies active  worldwide  in  financial  services,  including  commercial  and  private  banking,
    investment advice and asset management for private and institutional clients,

  – for Chiquita: is active worldwide in the import and wholesale supply of fresh produce, in particular bananas, as well as  the  provision  of
    banana ripening and shipping services to third parties.

 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 point 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 429, 29.11.2014, p. 5.

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