Articles 6-8,  L. 3959/2011

 By its unanimous Decision No. 769/2022, the Hellenic Competition Commission (HCC), in plenary, approved under art. 8(3) of Law 3959/2011, the proposed concentration, according to art. 6(3) of Law 3959/2011,consisting in the acquisition of sole control by the company “DELTA Industrial and Commercial Food Company Single Member S.A.”, a wholly-owned subsidiary of VIVARTIA HOLDINGS S.A.,solely controlled by CVCinvestment fund, of 100% of the share capital and voting rights of the company "Daniel S. Gatenio& Son Societe Anonyme food and beverages Import and Export Company", considering that the transaction in question, although it falls within the scope of Art. 6(1) of Greek Law 3959/2011, does not raise serious doubts as to its compatibility with the competition rules in the relevant markets concerned.

1. “DELTA Industrial and Commercial Food Company Single Member S.A.”
2. "Daniel S. Gatenio& Son Societe Anonyme food and beverages Import and Export Company",

The merger does not present a significant horizontal dimension, in the wider dairy sector, as the participating companies DELTA (and / or DODONI which also belongs to the CVC investment fund) and GATENIO are neither active in the same market nor, although there is a horizontal overlap (soft cheeses, semi-hard cheeses, etc.), their combined shares in the relevant markets fall below of the relevant thresholds to produce anticompetitive effects.The proposed merger mainly has a vertical dimension as GATENIO is mainly active in the Greek dairy market, with imports of cream, condensed milk, etc., as raw materials, which are used or can be used as inputs, for the production of final (retail) dairy products, in relevant markets, (like yogurts, yogurt desserts, milk drinks, butter, etc.), in which the dairy industry DELTA (and / or DODONI, which belongs to the CVC investment fund) operate. These, however, mainly use raw Greek milk as raw material.

In addition, with regard to the marketing of the dairy products on the markets in question, the countervailing power of customers and competitors of the parties to the concentration and  alldata collected for each affected market in the Greek dairy sector, all suggest, that the acquisition in question will not cause structural changes in the relevant markets nor will it lead to input and customer foreclosure of competitors, namely the dairy industries DELTA or DODONI.