Decision 513/2011 | |
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File (PDF) | Decision 513/2011 |
Date of Issuance of Decision |
January 13th, 2011 |
Government Gazette Issue No | |
Relevant Market |
Trade, Distribution and Marketing of Ice-Cream |
Subject of the Decision |
Merger |
Legal Framework |
Article 4d par.8 of L. 703/1977 |
Operative part of the Decision |
Clearance under conditions |
Acquiring company(ies) |
ELAIS UNILEVER HELLAS S.A |
Target company(ies) |
EVGA ABEE |
Summary of Decision |
The companies “ELAIS UNILEVER HELLAS S.A” and “EVGA ABEE” notified HCC in due time, in accordance with article 4b of law 703/1977, as in force, the acquisition by ELAIS UNILEVER of specific assets of EVGA and in particular those concerning the sector of trade, distribution and marketing of ice-cream. The above notified acquisition by ELAIS UNILEVER of all the assets of EVGA, pursuant to two contracts dated 27.9.2010, for the sale and transfer of assets, on the one hand, and intellectual and industrial property rights, on the other, directly or indirectly related to the trade, distribution and marketing of ice cream of EVGA, refers to the acquisition by ELAIS UNILEVER of exclusive control over EVGA. ELAIS UNILEVER is active in the production and trade of detergents, cosmetics and food and in general the production and trade of consumer goods. The main areas of activity of EVGA are the production and marketing of standardized and served ice cream, juices, croissants, as well as frozen pastries and sweets. As relevant markets of the case under question were considered the following:
The HCC recognized the existence of substitution on the consumer's side, between branded and private-label ice-creams, and took it into account in the calculation of the market shares. As geographic market, the Greek territory was considered, where the network and the activity of the parties extends, and where the parties face competition from other companies operating in the production/trade of ice-cream, under uniform conditions, given that the preferences of Greek consumers in ice-cream are different from those of consumers in other EU countries. The HCC, following the examination and assessment of all the evidence in the case file related to the structure and operation of the relevant product and services’ market, the geographical market, the market shares of the parties and their economic power, as well as the fact that in the first three from the above product categories, the concentration would lead to total market shares in those markets of at least 15%, decided the clearance of the merger, under the following terms and conditions (remedies), pursuant to article 4d par.8 of former law 703/1977, in order to ensure compliance with the commitments/ modifications that were proposed by the parties:
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Judicial Means | Appeal. |
Decisions by the Court of Appeal of Athens (Administrative Division) | ACAA 29/2013, ACAA 5033/2014 |