CASE COMMENTS: MERGER - BUYING POWER - CLEARANCE PHASE II (MERGER) - COMMITMENTS - HIGH MARKET SHARES - MARKET DEFINITION - MARKET POWER - RELEVANT MARKET - REMEDIES - UNILATERAL EFFECTS - DIVESTITURES - HORIZONTAL COMPETITION CONCERNS - SINGLE DOMINANCE

Complex merger cleared : The European Commission clears complex merger of Dutch dairy cooperatives Friesland Foods and Campina after in-depth investigation (Friesland / Campina)

Introduction Decision of the European Commission of 17 December 2008 in case M.5046, Friesland/Campina 1. On 17 December 2008, the European Commission cleared the merger of Dutch dairy cooperatives Friesland Foods and Campina after a Phase II inquiry. The case is likely to be one of the largest and most complex Dutch merger cases ever dealt with by the Commission, due to significant overlaps in the activities of the merging parties in many different relevant markets. [1] The merger was cleared subject to a set of conditions designed to remedy competition concerns in a number of relevant markets. 2.The decision of the Commission is a long (546 pages) but interesting read. Especially interesting and relevant for future cases are (1) the way in which the Commission has assessed the

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  • RBB Economics (The Hague)

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Matthijs Visser, Complex merger cleared : The European Commission clears complex merger of Dutch dairy cooperatives Friesland Foods and Campina after in-depth investigation (Friesland / Campina), 17 December 2008, Concurrences N° 1-2009, Art. N° 30157, www.concurrences.com

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