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Conditional clearance for hypermarkets
2007-06-29
The Dutch chain belonging to the French Carrefour group will be allowed to take control over the Polish company Ahold on condition that it sells nine supermarkets to independent investors – the President of the OCCP decided
At the beginning of April 2007, acting on the President of the OCCP’s request, the European Commission transferred the case of the two supermarket chains concentration to the Polish antimonopoly office. Consequently, on 11 April 2007 Carrefour Nederland filed a request to the OCCP for clearance to take control over Ahold Polska.
In the course of the antimonopoly proceedings the President of the OCCP examined how the envisaged transaction would influence the retail sales of foodstuffs, bulk supplies and the turnover of fuels.
The Office’s analysis showed that joining the activity of the two chains will have a negative effect on the retail sales in local markets. That is why the President of the OCCP granted a conditional clearance for the acquisition. According to the OCCP’s decision, Carrefour can take control over Ahold, if, by the end of 2008, it gives up all rights, including property rights, perpetual usufruct rights and leasholds, in relation to the following supermarkets: Champion in Grodzisk Mazowiecki, Albert in Jaworzno, Hypernova in Pabianice, Albert and Carrefour in Chrzanów, Champion in Sochaczew, Albert in Konstantynów Łódzki and Hypernova and Albert in Zamość.
The President of the OCCP decided to grant a conditional clearance, because otherwise the concentration would lead to a significant restriction of competition in the local markets in Grodzisk Mazowiecki, Jaworzno, Pabianice, Sochaczew and Zamość.
Moreover, the President of the OCCP obliged the company to provide information about the method of realisation of the imposed condition within a fixed time limit.
As a consequence, Carrefour will take over 183 Albert supermarkets and 15 Hypernova mini hypermarkets, as well as 4 petrol stations.
Since Poland’s accession to the European Union the largest transactions that can influence the Community internal market must obtain clearance from the European Commission. In special cases the national antimonopoly office can ask for the case to be transferred. In particular, this happens when the initial analysis indicates a possibility of granting a conditional clearance or prohibiting the concentration. So far the OCCP has addressed the Commission in two cases. They concerned the creation of a common entity by Burda and Hachette Filipacchi (magazine market) and the takeover of BOC by Linde (technical gases market).
Additional information:
Małgorzata Cieloch, Spokesperson for the OCCP
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 314
Fax (+48 22) 826 11 86
E-mail