CASE COMMENTS: MERGER CONTROL – HORIZONTAL CONCENTRATIONS – HORIZONTAL OVERLAPS – ORANGES PROCUREMENT (UPSTREAM) MARKET – ORANGE JUICE SUPPLY (DOWNSTREAM) MARKET – PHASE II – IN DEPTH INVESTIGATION – ABSENCE OF COORDINATED AS WELL AS NON COORDINATED EFFECTS – CLEARANCE WITHOUT ANY CONDITION
Horizontal overlaps: The European Commission clears without any condition the merger of activities of two of the main players in the orange business in Brazil after an in-depth investigation (Votorantim/Fischer/JV)
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Eur. comm., dec. art. 8, §1 R.139/2004, 4 May 2011, Votorantim/Fischer/JV, case COMP/M.5907
Two groups of Brazilian origin, Votorantim on the one hand and Fischer on the other, had decided to combine their orange juice activities in a joint venture to which their respective subsidiaries Citrovita and Citrosuco contributed all their orange juice assets. Affected markets
We will quickly go over the Commission's lengthy analysis of the relevant markets (and in particular the analysis of the different varieties of orange, cf. §§ 27 et seq.) to focus on the salient points.
On the one hand, upstream, the market for oranges, or rather the orange supply market
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