Commission Decision of 27/08/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6678 - PROCTER & GAMBLE / ARBORA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 27.8.2012 PUBLIC VERSION C(2012)6059 SIMPLIFIED MERGER PROCEDURE |To the notifying party: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6678 - PROCTER & GAMBLE / ARBORA Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 20 July 2012, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which The Procter & Gamble Company ("P&G", USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Arbora S.A ("Arbora", Spain) by way of purchase of shares. [2] 2.
The business activities of the undertakings concerned are: - for P&G: production of household care, beauty and health care and baby and family care products, - for Arbora: manufacture, marketing and sale of feminine sanitary protection products, adult incontinency products, nappies and hygiene and baby wet wipes. 3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 (b) and (d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004. [3] 4.
For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation. For the Commission signed Alexander ITALIANER Director General [1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market".
The terminology of the TFEU will be used throughout this decision. [2] Publication in the Official Journal of the European Union No C 226, 28.7.2012, p. 12. [3] OJ C 56, 5.3.2005, p. 32.