For the first time in Finnish merger control history, parties to a merger committed to an upfront-buyer provision. On
Both Altia and Arcus produce and distribute alcoholic beverages. The FCCA's investigation concluded that the proposed merger could significantly reduce the level of competition in
To address the competition concerns in the aquavit market, Altia agreed to sell the Skĺne Akvavit brand in
The FCCA has previously been faced with the situation, where the divestment commitments are difficult to implement. The FCCA has even previously accepted to lift some divestment commitments due to a lack of interested and/or suitable buyers. With this in mind, the FCCA announced that it cannot accept commitments which remain uncertain in their implementation. On this basis, it will, in the future, require upfront-buyer provisions in many cases involving divestment commitments.
The merger was also notified to the Swedish and Norwegian competition authorities. In
The press release of the FCCA (in English) can be found here. The press release of the
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