Commission Decision No. 03-M-076/2016: Acquisition by Jacobs Douwe Egberts B.V. of shares in Super Group Ltd.
Jacobs Douwe Egberts B.V. (“JDE”) is a global coffee company with brands across Europe, Latin America, Asia, and Australia. Super Group Ltd. is a Singapore-based company that manufactures and sells instant food and beverage products, including instant coffee. Super also manufactures food ingredients, mainly non-dairy creamer, which can be used in manufacturing instant coffee mixes. Super holds a 30% share in San Miguel Super Coffeemix, Inc. JDE proposes to acquire, through a voluntary conditional general offer, at least 60% shares of SUPER.
COMMISSION DECISION No. 03-M-076/2016
Acquisition by Jacobs Douwe Egberts B.V. of shares in Super Group Ltd.
Having regard to the Acquisition by Jacobs Douwe Egberts B.V. of shares in Super Group Ltd.,
Having regard to Section 16 and 20 of Republic Act No. 10667 and Section 1, Rule 4 of the Rules and Regulations to Implement the Provisions of Republic Act No. 10667,
Has adopted this Decision:
In view of the recommendation from the Mergers & Acquisition Office that, on the basis of information obtained from the parties and other sources to date, the acquisition by Jacobs Douwe Egberts B.V. of shares in Super Group Ltd. (the “Transaction”) does not result in substantial lessening of competition in the relevant market, for the following reasons:
1. No overlap exists between the parties’ products in the Philippines;
2. In any event, the parties hold minimal shares in the broader market for coffee products in the Philippines; and
3. Sufficient post-acquisition competitive constraints on the merged firm remains from other market participants;
the Commission hereby resolves that it will take no further action with respect to the Transaction.
DONE, this 27th day of February 2017, in the City of Pasig, Philippines.
ARSENIO M. BALISACAN
JOHANNES BENJAMIN R. BERNABE STELLA LUZ A. QUIMBO
EL CID R. BUTUYAN AMABELLE C. ASUNCION