Decision Nº M/09/004 from Competition and Consumer Protection Commission, 2009-03-11

• Jurisdiction: Ireland
• Parties: Unilever Overseas Holdings Limited
• Date: 11 March 2009
• Decision Number: M/09/004
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 11 March 2009

M/09/004 – Unilever - TIGI 1 of 4

DETERMINATION OF MERGER NOTIFICATION M/09/004-

UNILEVER / TIGI

Section 21 of the Competition Act 2002

Proposed acquisition by Unilever Overseas Holdings Limited and

Conopco, Inc. of TIGI Salon Hair Care Pr oducts Business

11 March 2009

Introduction

1. On 13 February 2009, in accordance with section 18(1) of the

Competition Act 2002 (“the Act”), the Competition Authority (“the

Authority”) received a notification of a proposed transac tion whereby

Unilever Overseas Holdings Limited and Conopco, Inc. (collectively,

“Unilever”) would acquire the TIGI salon hair product business and its

supporting advanced education academies (the “Target Businesses”)

from the brothers, Bruno M ascolo, Gaetano Mascolo and Anthony

Mascolo (the “Mascolo Brothers”). Under the proposed transaction,

Unilever will acquire a ll of th e issued share capital in Mas colo Brothers

Limited (“MBL”), TIGI Americas, LP and MBL/TIGI Products, LP (the

“MBL Group”).

2. At present, in addit ion to the Target Businesses, MBL carries on the

business of operating hair salons under the name “Toni & Guy” in the

Americas

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. Since the hair salon business is not part of the proposed

transaction, the proposed transaction contemplates, as a precondition

for completion, a restructuring of the bus iness interests of the Masc olo

Brothers.

The Undertakings Involved

The Acquirer

3. Unilever Overseas Holdings Limited and Conopco, Inc. are subsidiaries

of the Unilever Group. Unilever Ov erseas Holdings Limited is a holding

company incorporated in the United Kingdom. Conopco Inc.,

incorporated under the laws of New York, U.S.A., is the Unilever

Group's principal operating company in the U .S.A. The Unilever Group

is active worldwide in the business of m anufacturing and supply of so-

called ‘fast moving consumer goods’

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.

4. In the State, the Unilever Group is act ive through its subsidiaries such

as Unilever Ireland (Holdings) Limited and Unilever Ireland Limited,

and suppli es consumer goods under th e catego ries of “Foods”, “Home

Care” and “Personal Care” for reta il sale. In the Personal Care

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North America, Central America and South America.

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These are products sold quickly and at relatively low cost; they generally include a wide range

of frequently purchased consumer products such as toiletries, soap, cosmetics, shaving products

and detergents.