Decision Nº M/04/046 from Competition and Consumer Protection Commission, 2004-09-06

CourtCompetition and Consumer Protection Commission (Ire)
PartiesUnited Biscuits,Jacob’s
Decision NumberM/04/046
Decision Date06 September 2004
StatusPreliminary investigation (Phase 1)
Date06 September 2004
Determination of the Competition Authority
Determination No. M/04/046 of the Competition Authority, dated 6 September
Notification No. M/04/046 – The proposed acquisition by United Biscuits (UK)
Limited of the Jacob’s Bakery Limited
Introduction
1. On the 11th of August 2004 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 United Biscuits (UK) Limited (“UB”)
would acquire the entire issued share capital of the Jacob’s Bakery Limited
(“JBL”).
The Parties
2. UB is a company incorporated in the UK, with its ultimate parent company being
United Biscuits (Equity) Limited, a company incorporated in the Cayman Islands.
Its principal activity is the manufacture and sale of biscuits, cakes and savour
snacks, which it manufactures and distributes on a worldwide basis. It supplies
these products within the State, owning a variety of well-known brands such as
McVities, Penguins, and Jaffa Cakes. It does not manufacture any products in the
State, however.
3. JBL is a wholly-owned indirect subsidiary of Danone, which is a French-
registered company. Danone is involved in the manufacture and sale of dairy
products, beverages and biscuits on a worldwide basis. JBL manufactures and
supplies biscuits and savoury snack products in the United Kingdom, including
Northern Ireland. However, it has no activities within the State.
4. Danone previously also owned Irish Biscuits (“IB”) which manufactures and
distributes biscuits in the State. In a separate transaction, Danone has sold IB to
Fruitfield, an unrelated third party that does not currently manufacture or
distribute biscuits.
Analysis
5. There is no overlap between the activities of JBL and UB within the State.
Accordingly, there is no impact on competition as a result of the proposed
transaction.
Determination
The Competition Authority, in accordance with Section 21(2) of the Competition Act,
2002, has determined that, in its opinion, the result of the proposed acquisition will
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