Competition Authority approves proposed acquisition of Sucol brand

The Competition Authority has approved the proposal by the undertakings Diviril Indústria SA and Melo Abreu SA to purchase the Sucol brand and the formulas used in Sucol, Sumol Néctar, Sumol Néclight and Sumol 100% Sumo, from Sumol+Compal, in fulfilment of the commitments that were undertaken in the Sumolis/Compal merger and permitted the approval issued by the CA on 14 August 2008.

The CA considered that the potential purchasers possess the requisites for development of the Sucol brand, among other criteria assessed, and deemed that the necessary conditions are met for approval of the two undertakings, Diviril and Melo Abreu, as the acquiring parties of the assets in question.

The CA established a time limit of 15 May 2010 for execution of the contract of sale. It may be recalled that the Sumolis/Compal merger operation was notified on 20 March 2008. On 15 July 2008, the Competition Authority Council decided that the merger operation should proceed to the in-depth investigation phase (2nd phase).

On 14 August 2008, the Competition Authority delivered a ruling of non-opposition to the merger operation in which Sumolis – Companhia Industrial de Frutas e Bebidas SA (Sumolis) acquired the remaining 80% of the registered capital of Compal – Companhia Produtora de Conservas Alimentares SA, from the group headed by Caixa Geral de Depósitos SA. This was combined with commitments that the notifying party Sumolis proposed and the CA accepted in order to safeguard competition in three of the various relevant markets in which Sumolis and Compal operated.

The sale of the Sucol brand and the formulae mentioned concludes the fulfilment of one of the notifying party’s commitments. The CA considered that these undertakings were appropriate and sufficient to remove the competition-law concerns raised by the Sumolis/Compal merger operation, thus making the operation viable.

(Nº: 5/2010)