98/327/EC: Commission Decision of 11 September 1997 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No IV/M.833 - The Coca-Cola Company/Carlsberg A/S) (Only the English text is authentic) (Text with EEA relevance)

• Articles: 2

Article 1

Subject to full compliance with the divestiture undertakings concerning Jyske Bryg Holding A/S and Dansk Coladrik A/S, as set out above in paragraphs 109 and 110, the concentration notified by the parties on 25 March 1997 relating to the creation of Coca-Cola Nordic Beverages is declared compatible with the common market and the functioning of the EEA Agreement.

Article 2

This Decision is addressed to:

The Coca-Cola Company

One Coca-Cola Plaza, N.W.

Atlanta GA 30013

USA

Carlsberg A/S

Vesterfælledvej 100

1799 Copenhagen V

Denmark

Done at Brussels, 11 September 1997.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ L 395, 30. 12. 1989, p. 1; corrigendum OJ L 257, 21. 9. 1990, p. 13.

(2) OJ C 149, 15. 5. 1998.

(3) In the published version of the Decision, some information has hereinafter been omitted for reasons of confidentiality.

(4) Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (OJ 13, 21. 2. 1962, p. 204/62).

(5) Decision 97/540/EC, Case IV/M.794 - Coca-Cola Enterprises, Inc./Amalgamated Beverages GB (OJ L 218, 9. 8. 1997, p. 15); Decision 92/553/EEC, Case IV/M.190 - Nestlé/Perrier (OJ L 356, 5. 12. 1992, p. 1); Case IV/M.289 - PepsiCo/KAS (21. 12. 1992) and Decision 96/204/EC, Case IV/M.582 - Orkla/Volvo (OJ L 66, 16. 3. 1996, p. 17).

(6) Decision 97/540/EC.

(7) Decision 97/540/EC and Decision 92/553/EEC.

(8) Decision 96/204/EC, Orkla/Volvo.

(9) Such was the case in IV/M.794 - Coca-Cola Enterprises, Inc./Amalgamated Beverages GB (Decision 97/540/EC). In the present operation, there is already a provision in the MSA in case of dissolution of CCNB, in which event CCNB would pass under the full control and ownership of TCCC (as discussed in paragraph 11).

(10) Case IV/34.460, which is still pending.

(11) The parties have submitted that the Bottler's Agreement to be executed between TCCC and Dadeko following the implementation of the notified operation will be identical to [ . . . ] in all material respects.

(12) This means that TCCC will be represented at: (i) the shareholders' general meeting, (ii) the supervisory board which, jointly with the executive board, is in charge of the management affairs, is responsible for the proper organisation of the activities and supervises the activities of the executive board; (iii) [ . . . ]; and (iv) [other day-to-day management functions].