Decision Nº M/04/023 from Competition and Consumer Protection Commission, 2004-05-17

• Jurisdiction: Ireland
• Parties: Electra Group,Diana
• Date: 17 May 2004
• Decision Number: M/04/023
• Status: Preliminary investigation (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 17 May 2004

Determination of the Competition Authority

Determination No. M/04/023 of the Competition Authority, dated

17 May 2004, under Section 21 of the Competition Act, 2002

Notification No. M/04/023 – The proposed acquisition by Beaujon

Finance SAS of Diana Ingrédients SAS

Introduction

1. On 19 April 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 Beaujon Finance SAS

(“Beaujon Finance”) would acquire sole control of Diana Ingrédients

SAS (“Diana Ingredients”) by purchase of 100% of the shares and

voting rights in Diana Ingrédients (“the proposed transaction”). The

proposed transaction has also been notified to the relevant

authorities in Austria, Brazil, France, Germany and Spain.

The Parties

2. Beaujon Finance, a limited liability company incorporated in France,

was established specifically for the purpose of acquiring Diana

Ingredients. Beaujon Finance is owned and controlled by Electra

Partners Limited (“EPL”), which in turn is the holding company of

the Electra Group. The Electra Group’s main activity is financial

investment, particularly the acquisition and financing of various

types of businesses. The Electra Group controls a large and diverse

range of businesses, which are identified and described in an

organisation chart that was provided to the Competition Authority.

3. Four investee companies of Electra Group operate in Ireland:

i. Safety Kleen - Rents and services plant degreasing and

clearing equipment.

ii. Amtico – Manufactures flooring.

iii. BWG - Wholesaler supply of goods and services to the retail

grocery sector, and to licensed and catering outlets in Ireland

and the UK, particularly the supply of retail stores and food

service outlets (e.g. pubs, hotels and caterers).

iv. Aliplast NV - manufactures aluminium profiles.

4. Diana Ingredients, a limited liability company incorporated in

France, is owned and controlled by BNP–Paribas. Diana Ingredients

comprises a number of companies, which are incorporated in

various jurisdictions and operate internationally in the manufacture

and supply of ingredients to agricultural, food processing and

pharmaceutical industries. The group has fourteen industrial plants

spread through Europe, the American continent and Australia, and

it manufactures and supplies four ranges of ingredients:

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