IP/99/460 Brussels, 6th July 1999 Commission clears CVC’s acquisition of the food and beverage glass packaging activities of Danone and Gerresheimer The European Commission has approved the acquisition of sole control by CVC European Equity II Limited over BSN Emballage S.A., belonging to Groupe Danone S.A. (France), and certain subsidiaries of Gerresheimer Glas AG (Germany). The acquired companies produce glass containers for food and beverages. In light of remaining competition in these markets, the Commission considers this acquisition to be compatible with the common market. CVC is a company belonging to the CVC Capital Partners group. BSN manufactures glass containers and bottles for food and beverages with production sites located in France, Spain and the Netherlands. Gerresheimer manufactures glass containers and bottles for food and beverages and has production sites in Germany. The Commission assessed the market for glass containers used as a packaging material for foods and beverages as the most likely relevant product market affected by this operation. The Commission examined the possible effects of the operation in different EU Member States, in particular France, and also on a wider geographic scale, in an area covering Northern Continental Europe (France, the Benelux countries and Germany). Especially in France the new entity’s significant market share will be roughly in the region of two fifths, similar to the market share of its main competitor, Saint Gobain Emballage. In Germany, the new entity’s market share will be smaller, namely roughly in the region of one fourth. The merger would not therefore create a single dominant position for the new entity. Neither would the change of the existing market structure in France be significant enough to create or strengthen any possible collective dominance by BSN and Saint Gobain Emballage. On a wider Northern Continental European scale, the operation would also leave a sufficient degree of effective competition by other competitors in a market that features considerable imports and strong buying power of customers for glass containers for food and beverages.