Brussels, 27th June 2008
Mergers: Commission approves proposed acquisition of the cigarette business of Skandinavisk Tobakskompagni by British American Tobacco, subject to conditions
The European Commission has cleared under the EU Merger Regulation the proposed acquisition of the cigarette business together with certain roll-your-own tobacco and "snus" (a type of oral tobacco) interests of the Danish company Skandinavisk Tobakskompagni (STK) by British American Tobacco (BAT) of the UK. The Commission's decision is conditional upon the divestment of a number of tobacco brands, primarily in Norway where the Commission identified competition concerns. In light of this commitment, the Commission has concluded that the proposed transaction would not significantly impede effective competition in the European Economic Area (EEA) or any substantial part of it.
BAT manufactures, markets and sells primarily cigarettes and, to a lesser extent, other tobacco products, including cigars, pipe and roll-your-own tobacco throughout the world. The company's range of cigarette brands includes Dunhill, Lucky Strike, Kent and Pall Mall.
STK is among Denmark's largest international companies. It is the parent company of a number of subsidiaries engaged in the production and sale of tobacco products and pipes and it holds a share in the Tivoli amusement park in Copenhagen. The company's cigarette brands include Prince, Rockets, Slim Agenda, Camelia, Corner and Main.
BAT intends to acquire the following STK subsidiaries: House of Prince A/S in Denmark and its subsidiaries in Sweden, Estonia, Latvia, Lithuania, Poland, Czech Republic, Hungary and Greece, J.L. Tiedemanns Tobaksfabrik AS in Norway and Fiedler & Lundgren AB in Sweden.
STK would retain activities in roll-your-own tobacco, pipes and pipe tobacco and cigars via a number of other group companies. STK's ownership of the Danish convenience goods company Dagrofa and its shareholding in the Tivoli amusement park are unaffected by the proposed transaction.
The Commission's investigation found competition concerns in the market for cigarettes in Norway, where the merged entity would have a significant market share. The merged entity would also have a dominant position in the relatively large market for roll-your-own tobacco, although the proposed transaction would not lead to any increase in market share given that BAT does not currently sell any tobacco of this type in Norway. The Commission's investigation found that the commercial negotiations for the supply of tobacco in Norway cover all types of tobacco products, such as cigarettes, roll-your-own tobacco and "snus". The combination of the merged entity's leading market positions in both cigarettes and roll-your-own tobacco would therefore give it a strong position in sales negotiations with customers.
In order to address the competition concerns identified by the Commission, BAT offered to divest a number of tobacco brands, primarily in Norway. The divestment of these brands, which include Petterøe's and Tiedemanns Rød, would remove the major part of the market share increase that would have resulted from the proposed transaction as initially notified in the market for cigarettes. The divestment of these brands would also reduce the merged entity's share of the roll-your-own tobacco market as some of the brands to be divested are also sold as roll-your–own tobacco products.
The Commission analysed the commitments submitted by BAT and concluded that they would remedy its serious doubts and therefore ensure that effective competition would not be impeded as a result of the proposed transaction.
More information on the case will be available at: