COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25-VIII-2004

SG-Greffe(2004) / 203672

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.3518 ñ Lactalis/Groupo Prado Cervera/Central Lechera Vallisoletana Notification of 30.7.2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 202, 10/08/2004, page 14

1.On 30.07.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the Spanish undertaking Lactalis Iberia S.A. (Lactalis) belonging to the Belgian holding BSA acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Spanish undertakings Grupo el Prado Cervera S.L. (Grupo Cervera) and Central Lechera Vallisoletana (CLV) by way of purchase of shares. These two companies are presently controlled by the French company Alliance Agroalimentaire 3A.

The business activities of the undertakings concerned are :

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for Lactalis: production and commercialisation of milk and dairy products.

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for Grupo Cervera: production and commercialisation of milk and dairy products.

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 .

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for CLV: production and commercialisation of milk and dairy products.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Regulation (EC) No 139/2004 and of paragraph 5, subparagraph c of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No139/2004.

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

Mario MONTI Member of the Commission

2Adopted by the Commission on 20 July 2004 and available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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