The Chilean Competition Authority (FNE) approved Sodexo S.A. (Sodexo)’s acquisition of all the shares of Mediterránea de Catering S.L. (Mediterranea), subject to the condition of the full divestment of Mediterranea’s business in Chile. This is due to the competition concerns arising from the transaction in the market for institutional food services for healthcare providers.
The FNE identified both unilateral and coordinated competition concerns based on Sodexo’s and Mediterranea’s high market shares, their close competitive relationship, and the possible barriers to entry and expansion. During Phase 1 of the investigation the parties offered a structural remedy consisting of the full divestment of Mediterranea’s business in Chile to an FNE-approved buyer, thereby maintaining the number of competitors in the market and the current competitive pressure that would otherwise have been lost.
As the mitigation measures fully and clearly addressed the potential concerns arising from the transaction through divestiture, further investigation in Phase 2 was unnecessary, as it was concluded that these measures are effective, proportionate, and suitable to ensure that the transaction does not result in a substantial lessening of competition.
The parties
Sodexo is a French company that provides institutional food services and facility management.
Mediterranea is a Spanish company that also provides institutional food services and facility management. It operates in Chile through Mediterránea de Catering S.L. Unipersonal Agencia en Chile.