21.01.2025 | Belgian competition authority
On January 17, 2025, Dossche Mills announced its agreement to acquire the artisan bakery segment of its competitor Ceres. Although the transaction's turnover did not meet the statutory thresholds for mandatory reporting under Belgian merger control laws, the Belgian Competition Authority (BCA) identified it as a significant concern.
The BCA found that Dossche Mills and Ceres are the two largest flour producers for artisan bakeries in Belgium, raising serious concerns about potential anti-competitive effects from the acquisition. Consequently, the BCA Prosecutor General opened ex-officio proceedings under Article IV.39, 2° of the Code of Economic Law, investigating possible infringements of Article 101 of the Treaty on the Functioning of the European Union (TFEU) and/or Article IV.1 of the CEL.
This investigation precedes the planned completion of the acquisition on February 13, 2025, and is informed by the Towercast judgment from the Court of Justice of the European Union. The BCA's actions align with practices of other EU competition authorities, particularly in light of a previous attempt by Dossche Mills to acquire Ceres in 2019, which was abandoned due to competition concerns.
Historically, the BCA has previously found Dossche Mills and Ceres in violation of competition laws due to anti-competitive agreements and the exchange of sensitive information. The current investigation will involve both companies, but the outcome remains uncertain.
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