Decision Nº M/13/034 from Competition and Consumer Protection Commission, 2014-12-20

Decision NumberM/13/034
Date20 December 2014
PartiesScottish Milk Products Limited,First Milk Cheese Company Limited,Adams Food Limited
StatusCleared (Phase 1)
M/13/034 - Adams / First Milk
DETERMINATION OF MERGER NOTIFICATION M/13/034 -
Adams / First Milk
Section 21 of the Competition Act 2002
Proposed acquisition by Adams of certain Assets of First Milk
Dated 20 December 2013
Introduction
1. On 29 November 2013, in accordance wit h section 18 of the
Competition Act 2002 (“the Act”), the Competition Authority (“the
Authority”) received a notification of a proposed transaction whereby
the Irish Dairy Board Cooperative Limited (“IDB”), through its wholly
owned subsidiary Adams Foods Limited (“Adams”), would acquire
certain assets (collectively First Cheese) from First Milk Cheese
Company Limited and Scottish Milk Products Limited (collectively “First
Milk”). Pursuant to an asset purchase agreement dated 30 October
2013 Adams will acquire from First Milk the business and assets
involved in the sale, marketing and supply of hard cheese in England ,
Scotland, Wales, Ireland, Northern Ireland, Isle of Man, Scilly Islands
and the Channel Islands. I n particular the asset purchase agreement
involves the transfer from First Milk to Adams of the following:
1
[…].
2. As stated by the parties, in add ition to the asset purchase agreement
the proposed t ransaction includes other agreements entered into by
the parties including
[…].
The Undertakings Involved
Acquirer
IDB
3. IDB, t he u ltimate acquirer, is an Irish co-operative society, owned by
Irish dairy process ing co-operat ives and dairy companies and th rough
them, by Irish dairy farmers. IDB is a "second tier" co-operative,
which means that it is a co-operative owned b y other co-operatives
within the State. The primary focus of IDB is on export markets
outside of the State.
2
4. IDB procures cheese and oth er dairy products from member co-
operatives in Ireland, including cheese, butter, milk p owder and
1
Asset Purchase Agreement, Clause 2.1.
2
For more information on IDB see .

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