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Case No COMP/M.5704 - JBS/ BERTIN

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 09/12/2009

In electronic form on the EUR-Lex website under document number 32009M5704

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

EUROPEAN COMMISSION

Brussels, 9.12.2009 SG-Greffe(2009) D/11039/11040 C(2009)10090

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

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

Subject: Case No COMP/M.5704 – JBS/ BERTIN Notification of 06/11/2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 279, 19/11/2009, p. 29

1.On 06 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings J&F Participações S.A. ('J&F'', Brazil) and ZMF Fundo de Investimento em Participações ('ZMF', Brazil) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of parts of the undertakings JBS S.A. ('JBS', Brazil) and Bertin S.A. ('Bertin', Brazil) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for J&F: family owned holding company

-- for ZMF: investment fund

-- JBS: manufacture of fresh and processed meat

1OJ L 24, 29.1.2004, p. 1.

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

-- Bertin: manufacture of fresh and processed meat

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(c) 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) Philip LOWE Director General

2OJ C 56, 05.3.2005, p. 32.

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