Decision 754/2021 | |
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File (PDF) | Decision 754/2021 |
Date of Issuance of Decision | December 15th, 2021 |
Issue Number of Government Gazette | |
Relevant Market |
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Subject of the Decision |
Clearance of the proposed acquisition by VIVARTIA S.A. (or any company associated to it) of sole control over the companies MICHAEL ARABATZIS S.A. (HELLENIC DOUGH) and MAKEDONIKI SFOLIATA (ALESIS S.A.), according to article 6(1-3) of L. 3959/2011 |
Legal Framework | Article 6 L. 3959/2011 |
Operative part of the Decision |
By its Decision, the Hellenic Competition Commission (HCC) in plenary unanimously approved, under Greek merger control rules (Law No. 3959/2011), the concentration notified on 7.10.2021 (ref no. 8172) consisting in the change of the quality of control over the companies a) MICHAEL ARABATZIS S.A. (HELLENIC DOUGH) and b) MAKEDONIKI SFOLIATA (ALESIS S.A.) from joint control by VIVARTIA S.A. and Michael Arabatzis to sole control by the company VIVARTIA S.A. (or any company associated to it). |
Acquiring company(ies) |
VIVARTIA S.A. (CVC Capital Partners) |
Target company(ies) |
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Summary of Decision |
The concentration will not bring about any changes in the structure of the relevant markets nor any substantial change in the market shares in the relevant sub-markets concerned, and the level and conditions of competition will not be affected. With regard to the conglomerate effects of the notified concentration (relating to complementary activities of the merging parties), regarding the possibility of the parties to create a stronger pole of competition in the market of frozen dough products, with an increased bargaining power and strengthened position, as maintained by some competitors, it is noted that the parties already have joint control over the companies HELLENIC DOUGH and ALESIS, there are alternative sources of supply for the parties’ customers and these companies do not have significant market power or a dominant position in the markets concerned. In any event, the following the standard practice of the EC in cases where a concentration consisting in the acquisition of joint control has already been thoroughly evaluated in terms of its effects on competition, it is considered that a possible subsequent change in the quality of control from joint to sole is not able to raise new concerns that need analysis and that the notified transaction does not raise serious concerns as to its compatibility with merger control rules in the relevant markets concerned. |
Judicial Proceedings | - |
Decisions by the Administrative Court of Court of Appeal of Athens | - |