CELEX: 32013M7012
Language: en
Date: 2013-09-20 00:00:00
Title: Commission Decision of 20/09/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.7012 - JBS / SEARA / ZENDA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32013M7012

Commission Decision of 20/09/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.7012 - JBS / SEARA / ZENDA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 20/09/2013
             C(2013) 6259
             PUBLIC VERSION
             SIMPLIFIED MERGER PROCEDURE
             |To the notifying party:  |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.7012 - JBS/ SEARA/ ZENDA Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1]  
            1.  On 22 August 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking JBS S.A. (Brazil), indirectly controlled by the Batista family, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Seara Holding (Europe) B.V. (Netherlands), Secculum Participações Ltda. (Brazil), União Frederiquense Participações (Brazil), Baumhardt Com. e Part. Ltda. (Brazil), Excelsior Alimentos S.A. (Brazil), Athena Alimentos S.A. (Brazil) (together referred to as “Seara”) and Columbus Netherlands B.V. (“Zenda”, Netherlands) by way of purchase of shares.
            2.  The business activities of the undertakings concerned are:
              JBS S.A. is active in the production of beef products, hides and other cattle parts, as well as ready-to-eat meals in Brazil, Argentina, the United States and Australia. JBS also has activities in pork and poultry. It exports its products, among others, to the EEA. 
              Seara is primarily active in the rearing of live chickens and pigs for slaughter and in the production of primary and processed chicken and pork products in Brazil. Seara exports primary chicken and certain processed chicken to the EEA.
               Zenda is active in the leather industry, producing leather for use in various sectors, including aircraft, automotive, furniture and shoes  [2] .
            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)i and 5(c)ii 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 251, 31.8.2013, p. 6.
            [3] OJ C 56, 5.3.2005, p. 32.