Single operation : The Competition Authority overtakes a non-controllable operation with deleterious effects on competition by applying the concept of a single operation (Elle-et-Vire/Agrial)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On the merger control side, the Competition Authority has just post a very interesting decision regarding the takeover online exclusive to the Elle-et-Vire cooperative by the Agrial cooperative group. The interest of this case lies mainly in the consequences attached to the case in point to the inclusion in the scope of control of a disposal between parties less than two years prior to the notified transaction, by pursuant to the second subparagraph of Article 5(2) of Regulation No 139/2004 to which Article L.430-2 of the French Commercial Code refers. On June 30, 2009, Agrial had indeed bought the cider business of Elle-et-Vire. However, this at the time, the