Decision Nº M/04/044 from Competition and Consumer Protection Commission, 2004-08-24

• Jurisdiction: Ireland
• Parties: Millais Investments Limited,DCC plc
• Date: 24 August 2004
• Decision Date: 24 August 2004
• Status: Preliminary investigation (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Number: M/04/044

1

Determination No. M/04/044 of the Competition Authority, dated 24th August

2004, under Section 21 of the Competition Act, 2002

Notification No. M/04/044 – Proposed acquisition by DCC plc of sole control of

Millais Investments Limited.

Introduction

1. On 3rd August the Competition Authority, in accordance with Section 18 (1) of

the Competition Act, 2002 (“the Act”) was notified, on a mandatory basis, of a

proposal whereby DCC plc (“DCC”) would acquire sole control of Millais

Investments Limited (“Millais”).

The Parties

2. DCC is an Irish company which sells, markets and distributes leading own and

third party brands in the energy, IT, healthcare, food and beverage, environmental

and supply chain management sectors. It currently holds 51.47% of the issued

shares (with 50% of the voting share capital) of Millais.

3. Millais has two main business activities. Through its Allied Foods Limited

subsidiary, it distributes and sells frozen and chilled foods to retail customers,

such as supermarkets, and to food services customers, such as fast food chains.

Another subsidiary, Allied Logistics Limited provides logistical services

primarily to the frozen and chilled foods sector. Its Tallaght Cold Store Limited

subsidiary provides cold storage facilities.

Analysis

4. The products involved in the proposed transaction fall within DCC’s food

division. DCC’s Irish food business encompasses health and snack food as well

as beverages such as wine, soft drinks and ground coffee. Apart from the interest

it already holds in Millais Investments, it does not operate in the frozen and

chilled food sector. Therefore the transaction, which is a move from joint to sole

control, does not result in the accretion of market power and does not raise

competition concerns.