The Italian Competition Authority by relying, inter alia, on upward pricing pressure techniques finds a food merger to have anticompetitive effects and conditionally clears it (Bolton Alimentari / Simmenthal)

By the decision made on 5 December 2012 the Italian Competition Authority (ICA) closed a phase II merger investigation into the proposed acquisition of Bolton Alimentari (Bolton) of the Simmenthal business branch from Kraft [1]. The ICA reached the conclusion that the merger would have a negative impact on competition due to Upward Pricing Pressure (UPP) measures and other factors as well. It then conditionally authorized the merger by accepting the set of remedies offered by Bolton. The decision The relevant product markets affected by the notified merger were the markets for the production and commercialization of corned beef and tripe with tomato sauce. The ICA adopted such a narrow definition of relevant markets with corned beef and tripe belonging to separate markets because of

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Michele Giannino, The Italian Competition Authority by relying, inter alia, on upward pricing pressure techniques finds a food merger to have anticompetitive effects and conditionally clears it (Bolton Alimentari / Simmenthal), 5 December 2012, e-Competitions December 2012, Art. N° 50279

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