Case No COMP/M.5835 - CUCINA/ BRAKES/ MENIGO

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 13/04/2010

In electronic form on the EUR-Lex website under document number 32010M5835

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 13.4.2010 SG-Greffe(2010) D/5193 C(2010) 2447

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

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

Subject: Case No COMP/M.5835 - Cucina/ Brakes/ Menigo Notification of 12.03.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 70, 19.03.2010, p.30

1.On 12.03.2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the Brakes Group (United Kingdom) [controlled by Bain Capital Investors] acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of Menigo Food services AB (Sweden) by way of purchase of shares.

OJ L 24, 29.1.2004, p 1 (the "Merger Regulation"). With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, 102, respectively, of the Treaty on the Functioning of the European Union ("TFEU"). The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 101 and 102 of the TFEU should be understood as references to Articles 81 and 82, respectively, of the EC Treaty where appropriate. The TFEU also introduced certain changes in terminology, 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.

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

The business activities of the undertakings concerned are:

-- for Bain Capital Investors: private equity investment firm active worldwide;

-- for Brakes group: foodservice distribution in the UK, Ireland and France;

-- for Menigo Foodservice AB: food service distribution in Sweden and Denmark.

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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 European Commission, (signed) Alexander ITALIANER Director General

2OJ C 56, 5.3.2005, p. 32.

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