MERGERS: PHASE I – EXCLUSIVE DISTRIBUTION AGREEMENT – UNILATERAL EFFECTS/ GUPPI TEST

GUPPI Test : The French Competition Authority clears a merger arising from the conclusion of a distribution agreement in the milk sector and applies the GUPPI test (Orlait / Terra Lacta)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By decision of 17 April 2014, the Authority authorised the acquisition by Orlait, a subsidiary of Candia, itself a subsidiary of Sodiaal, of exclusive control of the long-life drinking milk business of the Terra Lacta cooperative. The decision is noteworthy both for the analysis of the controllability of the operation, in that it characterises the acquisition of control solely on the conclusion of a distribution contract, and for the competitive analysis based on the quantitative GUPPI test. Acquisition of de facto control through an exclusive distribution agreement Under the terms of an exclusive distribution contract, the proposal for which was

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Authors

  • Herbert Smith Freehills (Paris)
  • White & Case (Paris)
  • Herbert Smith Freehills (London)

Quotation

Sergio Sorinas, Estelle Jegou, Clémence Barraud, GUPPI Test : The French Competition Authority clears a merger arising from the conclusion of a distribution agreement in the milk sector and applies the GUPPI test (Orlait / Terra Lacta) , 17 April 2014, Concurrences N° 3-2014, Art. N° 68342, pp. 138-139

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