32003M3312

Commission Decision of 17/12/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3312 - NESTLE / INGMAN FOODS) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)

To the notifying parties

Dear Madam and Sir,

Subject: Case No. COMP/M.3312-Nestlé S.A./Ingman Foods OY AB Notification of 19.11.2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1], as last amended by Regulation (EC) No 1310/97 [2] Publication in the Official Journal of the European Union No. C 285, 28.11.2003, page 22

[1] OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

[2] OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

1. On 19.11.2003 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which.the undertakings Nestlé Sverige AB ("Nestlé", Sweden), belonging to the Nestlé Group (Switzerland) and Ingman Glass AB ("Ingman", Sweden), belonging to the Ingman Group (Finland) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Svenska Glasskiosken AB ("Svenska Glasskiosken", Sweden) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

- for Nestlé: production, marketing and sale of a large variety of food products such as dairy products, soluble coffee, roast and ground coffee, mineral water, beverages, cereals, instant food and diet products, frozen food, ice cream, chocolate and pet care,

- for Ingman: production of dairy products, liquid milk products, ice-cream products as well as cheese, butter and powder,

- Svenska Glasskiosken: sale, marketing and distribution of ice cream products in Sweden.

2. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph a of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [3].

[3] OJ C 217, 29.07.2000, p. 32.

3. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89.

For the Commission

Mario MONTI, signed Member of the Commission