1.   

On 19 August 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

—	B.S.A (France),

—	Nestlé S.A (Switzerland),

—	Lactalis Nestlé produits frais ‘LNPF’ (France).

B.S.A and Nestlé acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of part of LNPF.

The concentration is accomplished by way of purchase of assets.

2.   

The business activities of the undertakings concerned are:

—	B.S.A. is the parent company of the Lactalis group which is mainly active in the production and marketing of milk and dairy products,

—	Nestlé S.A, is the parent company of an international group, which is mainly active in the food industry. Nestlé is primarily involved in the production, marketing and sale of a large variety of food and beverage products, including dairy products.

3.   

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.   

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9925— Lactalis Nestlé produits frais/Certain assets of Parmalat

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË