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

CourtCompetition and Consumer Protection Commission (Ire)
PartiesElectra Group,Diana
Date17 May 2004
Decision NumberM/04/023
StatusPreliminary investigation (Phase 1)
Decision Date17 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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