Takeover of Casino stores by Intermarché: the Autorité de la concurrence clears the transaction subject to the divestiture of three stores

On 13 July 2023, Intermarché notified the Autorité de la concurrence of its plan to acquire 61 food retail stores operated under the Casino group banner.

To take account of the stores’ difficult economic situations, the Autorité granted the Intermarché group, at its request, a derogation from the suspensive effect of merger control[1]. In accordance with the applicable rules, this derogation, which enabled Intermarché to complete the transaction without waiting for the Autorité to issue its decision, is without prejudice to the final decision of the Autorité, which, at the end of its investigation and competitive analysis, could call into question certain acquisitions by considering that remedies would be necessary. Intermarché completed the transaction in September 2023.

After careful examination of the takeover, the Autorité has cleared the acquisition of the target stores, subject to commitments presented by Intermarché, including the divestiture of three stores.

[1] Derogation granted under Article L. 430-4 of the French Commercial Code (Code de commerce) by letter dated 9 August 2023.