Decision Nº M/04/039 from Competition and Consumer Protection Commission, 2004-07-27

CourtCompetition and Consumer Protection Commission (Ireland)
PartiesDCC,Bottle Green
Date27 July 2004
Submitted Date08 July 2004
StatusPreliminary investigation (Phase 1)
Decision NumberM/04/039
Decision Date27 July 2004
Determination No. M/04/039 of the Competition Authority, dated
27 July 2004, under Section 21 of the Competition Act, 2002
Notification No. M/04/039 - Proposed acquisition by DCC plc of
Bottle Green Limited
1. On 8 July 2004 the Competition Authority, in accordance with Section
18(1) of the Competition Act, 2002 was notified, on a mandatory
basis, of a proposal whereby DCC plc. (“DCC”), through its wholly
owned subsidiary, DCC Food & Beverage UK Limited, would acquire
the entire issued share capital of Bottle Green Limited (“Bottle Green”)
(“the proposed acquisition).
The Parties
2. DCC is a publicly listed company, headquartered in the State, which
has divisions focused on the energy, IT, healthcare, and food and
beverage industries. DCC mainly operates in the State and the UK.
DCC Food & Beverage UK Limited markets and supplies own and third
party branded food and beverage products, particularly snack and
health foods, and ground coffee, soft drinks and wine.
3. Bottle Green is a private company. Its main activity is the importation
of wine into the UK, and the wholesale supply of wine to UK
supermarkets and other retailers.
4. Bottle Green’s wine importation and distribution business would, post-
acquisition, form part of DCC’s food and beverage division. DCC holds
an estimated [0-10]% of the wine wholesale industry in the island of
Ireland. Bottle Green is not involved in the wholesale supply of wine in
the State. Bottle Green’s worldwide sales for the financial year ended
31 August 2003 totalled approximately €51.31m: in that same period
it sold approximately €[] worth of wine in the State, all to one
5. Therefore, although the proposed acquisition does involve a horizontal
product overlap in the Irish sector for the supply of wholesale wine,
the overlap is so minimal that it will not result in a significant increase
in concentration in any market as may be defined in the State.
6. Although DCC’s increased wine product portfolio may allow it to
increase its share of the Irish wine wholesale industry, post-
acquisition, there is nothing to indicate that this would result in a

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