The French Minister of Economy approves a concentration in the frozen baked dessert products industry after ruling out vertical and horizontal effects on competition (Vandemoortele)

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Minister of Economy, Industry and Labor,15 July 2008, Letter to the counsel of Vandemoortele regarding a concentration in the sector of frozen baked dessert products (bakery products, Viennese pastries and French pastries) (C2008-51) (“Lettre du ministre de l’économie, de l’industrie et de l’emploi du 15 juillet 2008, aux conseils de la société Vandemoortele, relative à une concentration dans le secteur des produits BVP (boulangerie, viennoiseries et pâtisseries))

Vandemoortele contemplated acquiring sole control of Panavi. The SPA contained non-competition and non-solicitation clauses, which the Minister considered necessary for acquiring the totality of Panavi's assets and know-how. The parties' activities overlap in (i) frozen baked dessert products (bakery products, Viennese pastries and French pastries) ("BVF") sold to professionals, which Panavi also sells to consumers, and (ii) ground transportation of merchandise under controlled temperature conditions. Vandemoortele is also active in (i) fats, oils, condiments and sauces sold to professionals and consumers and (ii) soy-based products sold to consumers. Market Definitions Product Markets The Minister left open the question of market definition of each market and sub-market listed

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Didier Theophile, Natasha A. Moskvina, The French Minister of Economy approves a concentration in the frozen baked dessert products industry after ruling out vertical and horizontal effects on competition (Vandemoortele), 15 July 2008, e-Competitions July 2008, Art. N° 22379

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