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MERGERS: AMO SR stopped administrative proceedings in the matter of a merger of Fitzroy Merger Co and Ferrara Candy Company Holdings, Inc.

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On 13 November 2017 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office") stopped the administrative proceedings in the matter of a merger that was notified to it as the merger of company Ferrara Candy Company Holdings, Inc., the USA (hereafter "Ferrara") and company Fitzroy Merger Co., the USA ("Fitzroy"), which will result into Fitzroy´s disappearance and Ferrara´s becoming the successor company. The company Fitzroy is a newly-established company and indirectly exclusively controlled by company CTH Invest S.A., Belgium (hereafter "CTH Invest").

Based on the documentation and information submitted and in the light of the description of the transaction, the role and the character of the company Fitzroy, the Office came to conclusion that the nature of merging is the acquisition of indirect exclusive control of the undertaking CTH Invest over the undertaking Ferrara. Thus this merger is not grounded in merging according to Article 9 Paragraph 1 Letter a) of the Act on Protection of Competition (hereafter "the Act"), but in the acquisition of the control according to Article 9 Paragraph 1 Letter b) of the Act. The Office found that in the case of such a defined merger, the turnover criteria according to Article 10 Paragraph 1 of the Act are not fulfilled and therefore it is not a subject of control of the Office.
Thus the reason for the proceedings in the matter of this merger was not given. Therefore, the Office stopped the administrative proceedings.
The decision came into force on 29 November 2017.