Commission Decision of 10/07/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3176 - DIAGEO / HEINEKEN / OLFILTRA / JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 199 , 23/08/2003 P. 0015 - 0015 Commission Decision of 10/07/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3176 - DIAGEO / HEINEKEN / OLFILTRA / JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No.
COMP/M.3176-Diageo/Heineken/Olfiltra/JV Notification of 06.06.2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 Publication in the Official Journal of the European Communities No. C 143, 19.06.2003, page 4 1. On 06/06/2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 [1], as last amended by Regulation (EC) No 1310/97 [2], by which the undertakings Diageo plc, Great Britain ("Diageo") and Heineken International BV, The Netherlands ("Heineken"), acting together and Ohlthaver & List Finance and Trading Corporation Limited, Namibia ("Olfitra") acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Namibia Breweries Limited, Namibia ("NBL") by way of purchase of shares. [1] OJ L 395, 30.12.1989 p.
1; corrigendum: OJ L 257, 21.9.1990, p. 13. [2] OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17. 2. The business activities of the undertakings concerned are: - Diageo: global consumer company, production, distribution, marketing, exporting and importing of beer and other spirts, world-wide; - Heineken: world-wide production, commercialization and distribution of beer; - Olfiltra: investment company in Namibia with interests in diverse businesses including fishing, meat, hotels, dairy, marine engineering, farming, retail and property management and development. - NBL: brewing and marketing and distribution of beer and some other beverages for the Namibian and South African markets.
3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph a of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [3]. [3] OJ C 217, 29.07.2000, p. 32. 4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No.
4064/89. For the Commission Mario MONTI Member of the Commission