Brussels, 09/01/2002 (Agence Europe) - The European Commission has authorised SEB to acquire sole control of its competitor, Moulinex on condition that SEB not use the Moulinex brand name for a substantial period of time in nine European countries, where it will be used by other parties. The Commission has refereed the question of the impact of the merger in France to the French authorities. SEB and Moulinex are French companies that manufacture small electrical household goods (white goods). SEB owns brands like Calor and SEB in France and Belgium, Tefal and Rowenta, Arno in Brazil and the Mercosur countries, and Samurai in the countries of the Andean Pact. Moulinex owns the brands Moulinex and Krups and the Swan brand in the UK.
The Nanterre Tribunal de commerce selected SEB in October to take over some of Moulinex's activities (such as the right to use the brandnames Moulinex, Krups and Swan and also some of the manufacturing plant and some marketing companies) after the latter filed for bankruptcy on 7 September 2001. The transaction would have resulted in competition problems in the EEA, particularly on the price of small white goods (deep-fryers, toasters, coffee machines, kettles, tabletop ovens and irons, etc) in Portugal, Greece, Belgium and the Netherlands where one of other of the two companies held significant market shares before the deal. In Germany, Austria, Denmark, Sweden and Norway, the transaction would appreciably alter the terms of competition in some product markets, particularly for deep-fryers. To meet the Commission's concerns and avoid a second round of investigations, SEB proposed to grant exclusive licences to use the Moulinex brand for a period of five years for the sale of small white goods in nine countries and also pledged to not reintroduce the Moulinex brand in those countries for a further period of three years from the expiry of the exclusive licence to allow the licensee time to gradually introduce a brandname of its own. The Commission has agreed to these concessions except with regard to France, which would be particularly affected and where both companies' position would be strengthened and a competitor would be eliminated, hence the Commission sending the dossier back to the French authorities.