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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 30/09/2003

Also available in the CELEX database Document No 303M3241

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.09.2003

SG (2003) D/231997 / 231998

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

1.On 01.09.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which by which the undertakings Arla Foods Ingredients amba (ëAFIí, Denmark) belonging to the Arla Foods amba group (ëArlaí, Denmark), and Nordzucker AG (ëNordzuckerí, Germany) acquire, within the meaning of Article 3(1)(b) of the Regulation, joint control of the undertaking Sweetgredients GmbH & Co. KG (ëSweetgredientsí, Germany) currently wholly-owned by Nordzucker by way of purchase of shares and other means, thereby constituting a joint venture.

The business activities of the undertakings concerned are:

- Arla:

global supplier of dairy products,

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.

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

- AFI:

production and supply of whey protein concentrate, milk powder, cheese powder, lactose and milk proteins,

- Nordzucker:

production and supply of sugar and sweeteners,

- Sweetgredients:

production and supply of a new innovative sweetener product, D-tagatose, derived from by-products of cheese production.

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 4064/89.

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

(signed) Mario MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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