4 July 2012
4 July 2012: Gide advises Castel Frères SAS on the acquisition of group Patriarche: transaction cleared in Phase 2 by the French Competition Authority
Following an in-depth Phase 2 investigation, the French Competition Authority approved yesterday, without imposing any remedies, the acquisition by Castel Frères SAS of six companies belonging to the Patriarche group, active in the production of still and sparkling wines.
The Competition Authority considered that the transaction was not likely to affect competition on the everyday consumption wines market. The Authority namely observed that the segment of wines without geographical indication had been in decline for several years and that, more generally, the new entity would face competition from other operators active on the everyday consumption wines market.
This is the first decision rendered by the Competition Authority that takes into account a quantitative analysis founded on the upward pricing pressure (UPP) test, which measures the incentives of a new entity to raise prices following the concentration.
Gide Loyrette Nouel acted for Castel Frères SAS during the Competition Authority's investigation of the transaction, with a team comprising Emmanuel Reille (partner) and Elizabeth Gautier (associate). Castel Frères SAS also relied on the economic consulting firm Microeconomix (Gildas de Muizon, Emmanuel Frot, Ariane Charpin).