CASE COMMENTS: MERGER CONTROL – ACQUISITION OF SOLE CONTROL – AGRI-BUSINESS – MARKETS OF MILK COLLECTION – SUPPLY OF AGRICULTURAL FEED PRODUCTS AND PRODUCTION AND DISTRIBUTION OF CIDER IN THE NORTH WEST OF FRANCE – DOMINANT POSITION – COMMITMENTS – CLEARANCE IN PHASE I
Dominant position: The French Competition Council clears an operation in phase I after the parties submitted commitments (Elle-et-Vire, Agrial)
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Dec. 11-DCC-150, Dec. 11-DCC-150 of October 10, 2011, regarding the acquisition of sole control of Elle-et-Vire cooperative by the Agrial cooperative group Two operations in one
The operation, formalised by a merger treaty dated 15 February 2011, appeared to relate only to the merger by absorption of the Elle-et-Vire cooperative (hereinafter 'E&V') by the Agrial cooperative (hereinafter 'Agrial'), in that it results in the acquisition of sole control of the first cooperative by the second. However, in so far as, pursuant to a share transfer agreement entered into on 30 June 2009, the Elle-et-Vire cooperative had, on 1 July 2009, sold its cider business
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