Disclaimer :

The Competition DG makes the information provided by the notifying parties in section 1.2 of Form CO available to the public in order to increase transparency. This information has been prepared by the notifying parties under their sole responsibility, and its content in no way prejudges the view the Commission may take of the planned operation. Nor can the Commission be held responsible for any incorrect or misleading information contained therein.

COMP/M.6895 - 3G Special Situations Fund III/Berkshire Hathaway/H J Heinz Company

SECTION 1.2

Description of the concentration

1.The notified concentration consists in the acquisition by 3G Special Situations Fund III, L.P. (“3G Fund III”) and Berkshire Hathaway Inc. (“Berkshire”) of joint control of H.J. Heinz Company (“Heinz”).

2.3G Fund III is an investment fund managed by the partners and associates of 3G Capital, Inc. (“3G Capital”). 3G Capital is a global investment firm established in 2004 and headquartered in New York, United States. 3G Capital’s strategy is to identify and invest in opportunities that are well-positioned for profitable, long-term growth, with a particular emphasis on maximizing the potential of brands and businesses. 3G Capital and its affiliates have particular expertise in the retail and consumer sector and constantly evaluate new opportunities for successful investments in these industries.

3.Berkshire is a holding company headquartered in Omaha, Nebraska, United States. Berkshire owns subsidiaries that engage in a number of diverse business activities including property and casualty insurance and reinsurance, freight rail transportation, utilities and energy, finance, manufacturing, services and retailing. The common stock of Berkshire is listed on the New York Stock Exchange.

4.Heinz is a global food processing company headquartered in Pittsburgh, Pennsylvania, United States. Its shares are listed on the New York Stock Exchange. Heinz manufactures thousands of food products in plants on six continents, and markets these products in more than 200 countries and territories worldwide. The company’s principal products include ketchup, condiments and sauces, frozen food, soups, beans and pasta meals, infant nutrition and other food products.