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Case No COMP/M.2531 - SARA LEE / EARTHGRAINS

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 06/08/2001

Also available in the CELEX database Document No 301M2531

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 6.08.2001

SG (2001) D/290841

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

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

Subject: Case No. COMP/M.2531 - SARA LEE/EARTHGRAINS

11Notification of 05/07/2001 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 Publication in the Official Journal of the European Communities No. C201, date 17.07.2001, page 4.

1.1. On 05/07/2001 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the US based Sara Lee Corporation acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of The Earthgrains Company of the USA by way of purchase of shares.

2. The business activities of the undertakings concerned are:

-- for Sara Lee Corporation: Production, sale and marketing of consumer packaged goods including foods and beverages.

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

-- for The Earthgrains Company: Manufacture, sale and distribution of packaged fresh bread and baked goods, refrigerated dough and snacks.

3.3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4(c), of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

4.4. 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 (EEC) No. 4064/89.

For the Commission

Frits BOLKESTEIN Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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