Compliance with merger control regulations for acquisition of competitor. Olaechea assisted Arcor in the prior analysis to ensure compliance merger control rules and requirements, for the acquisition of two lines of business of a horizontal competitor in the confectionery and chocolate market. The work carried out was aimed at avoiding the requirement for merger control.
Asset acquisitions and merger control: As this transaction would take place through the sale of assets and not of shares, it was necessary to carry out a particular analysis on this issue in Peruvian merger control law. This was required in order to determine whether all the business lines could be taken into account, even though not all of them would be transferred, as they represented the same brand.
Analysis of competition authority concerns: In this way, we were able to provide with an overview of the level of risk of a possible subsequent questioning by the competition authority that would trigger an ex officio review of the transaction.
Food giant leader in sweets exports: Arcor de Perú is a subsidiary of Grupo Arcor, present in more than 100 countries through three business divisions: mass consumption foods, agribusiness, and packaging. It is also the n°1 exporter of sweets in Peru, Argentina, and Chile. The group has more than 45 industrial plants in Latin America, an industrial plant in Africa, and commercial offices on four continents.
Latest development: Our firm advised the client on this case.
