EN

Case No COMP/M.3742 - CORMAN / GLANBIA CONSUMER FOODS / JV

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/10/2005

In electronic form on the EUR-Lex website under document number 32005M3742

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04-10-2005

SG-Greffe(2005) D/205337

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

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

Subject: Case No. COMP/M.3742 ñ Corman/ Glanbia Consumer Foods/ JV Notification of 01.09.2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 219 of 07.09.2005, page 27.

1.On 01.09.2005, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings Glanbia Consumer Foods Limited (ìGlanbia CFî, Ireland) belonging to the Glanbia Group and Corman S.A. (ìCormanî, Belgium) belonging to the group Bongrain (ìBongrainî, France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Corman Miloko Ireland Limited (ìCorman Milokoî, Ireland), currently controlled by Corman, by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for Corman: the production and commercialization of dairy products;

-- for Bongrain: the production and commercialization of dairy products;

-- for Glanbia CF: the manufacture, distribution and sale of branded chilled dairy and beverage products for the Irish market;

1OJ L 24, 29.1.2004 p. 1

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

- for Corman Miloko: the production and commercialization of dairy products, including anhydrous milk fat and consumer spreads.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004.

For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission (signed) Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32

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