Monday, 27 June 2022 18:09

Decision 784/2022

Decision on the notification of a concentration, under article 6 (1-3) of L. 3959/2011, concerning the acquisition of direct sole control by BESPOKE SGA HOLDINGS S.A. over the companies ION SOCIETE ANONYME INDUSTRY AND TRADE OF COCOA AND CHOCOLATE and I. KOTSIOPOULOS BROS S.A. following the Statement of Objections under ref. no. 6295/24.06.2022 by the Commissioner-Rapporteur I. Stefatos.

Decision 784/2022

File (PDF) Decision 784/2022
Date of Issuance of Decision 27 June 2022
Issue Number of Government Bulletin
Relevant Market

The chocolate products market, in general, the relevant sub-markets, the cocoa powder market, while there are no affected markets in this concentration

Subject of the Decision Decision on the notification of concentration under article 6 (1-3) of L. 3959/2011, concerning the acquisition of direct sole control by BESPOKE SGA HOLDINGS S.A. over the companies ION SOCIETE ANONYME INDUSTRY AND TRADE OF COCOA AND CHOCOLATE and I. KOTSIOPOULOS BROS S.A. following the Statement of Objections under ref. no. 6295/24.06.2022 by the Commissioner-Rapporteur I. Stefatos.
Legal Framework Articles 6-8, L. 3959/2011

Operative part of the Decision The Hellenic Competition Commission (HCC), in Chamber, unanimously approved the notified concentration, considering that, although it falls within the scope of Article 6 (1) of L. 3959/2011, it does raise serious concerns as to its compatibility with competition rules in the individual markets concerned thereby.
Company(ies) concerned

 

1. BESPOKE SGA HOLDINGS S.A.

2. ION SOCIETE ANONYME INDUSTRY AND TRADE OF COCOA AND CHOCOLATE

3. I. KOTSIOPOULOS BROS S.A.

Summary of Decision

According to the Decision, this concentration does not have a horizontal or vertical dimension in any relevant market, as the acquiring company and the target companies do not have a pre-existing competitive relationship with each other, neither as direct competitors nor as (potential) customers or suppliers, nor in the markets in which the acquiring companies operate, namely the chocolate products sector. Therefore, there are no affected markets, and the proposed concentration cannot bring any change in the market shares in the relevant markets concerned, the market structure and, thus, in the market structure.

In addition, no conglomerate effects are expected (concerning the heterogeneous activities of the participating companies), as the parties are not active (directly or indirectly) or in closely related adjacent markets (such as markets with complementary products or products purchased from the same consumer group for the same end use). 
Specifically, regarding any connection between the confectionery market and the chocolate products market, the possibility of the new entity to exclude potential competitorsin the confectionery market, through the implementation of group or combined sales practices by BESPOKE taking into account the shares of ION in the individuals markets concerned, as well as the position and shares of their competitors.

Τhe HCC also considered that no adverse effects on competition are expected to result from the proposed merger with regard to either a –non controlling– minority shareholder in a large Greek dairy company, and its position as a potential supplier in the downstream chocolate products sub-market.
Judicial remedies  -
Decisions by the Court of Appeal of Athens (Administrative Division) -

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