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

• Jurisdiction: Ireland
• Parties: Scottish Milk Products Limited,First Milk Cheese Company Limited,Adams Food Limited
• Date: 20 December 2014
• Decision Number: M/13/034
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 20 December 2014

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 .