Fonterra Co-operative Group Ltd - proposed acquisition of Ski Licence from National Foods Limited
Type of assessment
Informal Review
Reference
33868
Acquirer(s)
Fonterra Co-operative Group Ltd
Target(s)
National Foods Limited
Industry
Dairy
Summary
Fonterra proposes to acquire the Ski yoghurt brand licence from National Foods as soon as practicable after National Foods acquires Dairy Farmers (if and when that acquisition proceeds). Nestle SA owns the Ski trademark and has currently licensed it to Dairy Farmers.
Outcome of assessment
Not opposed
Total review days *
11
Commenced public review
7th October 2008
Date completed
21st October 2008
Market definition
The ACCC considered the proposed acquisition in the context of the national market for the production and supply of fresh dairy products, including yoghurt and dairy desserts and regional markets for the acquisition of raw milk.
Competition analysis
The ACCC formed the view that the proposed acquisition would be unlikely to substantially lessen competition in the relevant markets. In particular, the ACCC considered that the merged entity would be constrained by existing competitors (including the threat that they may expand if the merged entity seeks to increase prices); the dynamic nature of the fresh dairy industry, including the high degree of product innovation and promotional activity; and evidence of customers switching between brands in response to price changes.
Review timeline
Date
Event
7th October 2008
ACCC commenced review under the Merger Review Process Guidelines.
17th October 2008
Closing date for submissions from interested parties.
21st October 2008
ACCC announced it would not oppose the proposed acquisition.
* Total Review days = Total business days less public holidays and time during which the review was suspended.
