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Case No COMP/M.3312 - NESTLE / INGMAN FOODS

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/12/2003

Also available in the CELEX database Document No 303M3312

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.12.2003

SG (2003) D/233556

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Madam and Sir,

Subject: Case No. COMP/M.3312-NestlÈ S.A./Ingman Foods OY AB Notification of 19.11.2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 285, 28.11.2003, page 22

1.On 19.11.2003 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which.the undertakings NestlÈ Sverige AB (ìNestlÈî, Sweden), belonging to the NestlÈ Group (Switzerland) and Ingman Glass AB (ìIngmanî, Sweden), belonging to the Ingman Group (Finland) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Svenska Glasskiosken AB (ìSvenska Glasskioskenî, Sweden) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-for NestlÈ: production, marketing and sale of a large variety of food products such as dairy products, soluble coffee, roast and ground coffee, mineral water, beverages, cereals, instant food and diet products, frozen food, ice cream, chocolate and pet care,

-for Ingman: production of dairy products, liquid milk products, ice-cream products as well as cheese, butter and powder,

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

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

- Svenska Glasskiosken: sale, marketing and distribution of ice cream products in Sweden.

2.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, subparagraph a of the Commission Notice on a simplified procedure for treatment of

certain concentrations under Council Regulation (EEC) No 4064/893.

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 Mario MONTI, signed Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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