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9 February 2009

Sayenko Kharenko secured merger clearance for Kerry Group Plc control stake acquisition in Dera Holding NV

Sayenko Kharenko antitrust team has provided legal assistance in merger clearance with the Antimonopoly Committee of Ukraine (the "AMC") for indirect acquisition by Kerry Group Plc ("Kerry") of the controlling stake in Dera Holding NV ("Dera").

The acquisition will allow Kerry to extend its geographical reach pursuing its drive into markets in Eastern Europe and the Middle East. Kerry is one of the largest and most technologically advanced manufacturers of ingredients and flavors in the world. It is active in food ingredients and flavors serving the food and beverage industry. Kerry is also a leading supplier of added value brands and customer branded foods to the Irish and UK markets. Having current annualised sales of approximately €4.8 billion the Kerry Group supply over 15,000 food, food ingredients and flavor products to customers in more than 140 countries worldwide.

Dera is a savory flavorings company with manufacturing facilities located in Belgium, the UK and the Czech Republic, serving meat, processed foods, bakery and confectionery end-use-markets in Europe and the Middle East. Dera is active in more than 30 countries offering innovative solutions for the food industry: functional ingredients, ingredient blends, spices, seasonings, and in some countries packaging material and equipment. According to the conclusion of the AMC, the implementation of the described concentration will not lead to monopolization or significant limitation of competition on any product market in Ukraine.

The success of the merger clearance procedure was achieved due to the diligent work of the Sayenko Kharenko competition specialists including counsel Dmitry Taranyk and associate Valentyna Hvozd, supervised by partner Vladimir Sayenko.

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