CASE COMMENTS : MERGER CONTROL - OTHER SERVICES - DECISION-SUSPENSION OF CONCENTRATION - DEROGATION – ARTICLE 7 (3) REGULATION 139/2004 – CONDITIONS – BALANCE OF INTERESTS
Decision - Suspension of concentration: The European Commission grants a derogation from the obligation of suspension pursuant article 7 § 3 of the merger regulation (Sofiproteol/Actifs Doux)
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Dec. Eur. comm. art. 7, § 3 R.139/2004 of 25 July 2012, Sofiproteol v. Actifs Doux, case COMP/M. 6696.
We are all aware of the setbacks of the French poultry group Doux, which has been in the news all summer, particularly through its receivership proceedings. Having found a partial buyer, in the person of the oilseed group Sofiproteol, and more particularly its subsidiary Glon Sanders Holding (hereafter "GSH"), the group's fate was initially suspended by the decision of the Quimper Commercial Court scheduled for 27 July. However, as the Commission pointed out, and in accordance with French law, the offers submitted by GSH (initially GSH, associated with
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