National Foods Ltd - proposed acquisition of Berri Limited


On 31 August 2005 the ACCC advised National Foods it would not oppose the transfer by San Miguel to them of 51% of Berri's shares.

Market definition

For competition analysis purposes the ACCC considered the following markets which are serviced by National Foods:
1. the regional market for raw milk;
2. the market for fresh milk on a state basis;
3. the market for flavoured milk on a state basis;
4. the national market for cream;
5. the national market for dairy desserts and yoghurt; and
6. the national market for cheese.

Competition analysis

As the transfer of shares is part of an internal corporate restructure, there will be no change in effective corporate control. Based upon this factor the ACCC formed the view that a substantial lessening of competition in a market was unlikely to occur.

Merger type