Infant nutrition take-over
November 23, 2012
NESTLE has been given the green
light by the Australian Competition
and Consumer Commission to
acquire rival global infant nutrition
company, Pfizer Nutrition.
In Australia Nestle supplies infant
formula and toddler milk under the
brands NAN and Lactogen, whilst
Pfizer Nutrition supplies S-26 and
SMA.
Stipulations placed on the
purchase by the ACCC will require
Nestlé to create a third major
supplier of infant formula and
toddler milk in Australia, via the
licensing of Pfizer Nutrition’s
Australian infant nutrition business’
brand portfolio to an independent
purchaser to be approved by the
ACCC.
This court enforceable order is
aimed at ensuring that the current
level of competition in the country
remains, and requires Nestlé to sell
an exclusive ten year license for
Pfizer Nutrition’s infant nutrition
S-26/SMA brand portfolio in
Australia, followed by a further ten
year ‘black out’ period in which
Nestlé would not be permitted to
re-enter the markets with
Pfizer’s brands.
Meanwhile, the approved
purchaser will need to have the
necessary assets (including
intellectual property), rights and
agreements to allow it to operate
the divestiture business as a viable
going concern to compete
effectively in the relevant markets.
The approval follows an extensive
consultation by the ACCC to clear
up concerns over market monopoly
and decreased competition.
“The ACCC had significant concerns
that without the undertaking, the
proposed acquisition would further
increase concentration in already
concentrated markets, where
barriers to entry and expansion are
high,” ACCC Chairman Rod Sims
said.
“If the proposed acquisition were
to proceed in Australia, the number
of major suppliers of infant formula
and toddler milk in each of the
distribution channels would
be reduced from three to two, and
our inquiries indicated that this
would be likely to substantially
lessen competition in the supply of
infant formula and toddler milk,”
Sims added.
According to the ACCC the
undertaking is designed to provide
the means for an approved
purchaser to successfully transition
and re-brand the S-26/SMA brand
portfolio to their own proprietary
brand over a number of years and
also have the opportunity to build
brand equity of the re-branded
products during the ‘black out’ period.
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