O mercado de massas alimentícias - França

• Date of the Beginning of the Affair: June 2023 - Barilla asks the Court of Brescia to prohibit the sale of nine types of cookies by the Tedesco and Sapori Artigianali companies for excessive similarity to its own products.
• First Degree of Judgment: February 2024 - The Court partially grants Barilla's requests, banning the sale of certain products and the use of certain packaging due to their similarity to Mulino Bianco's products and packaging.
• Second Degree of Judgment: March 18, 2024 - The Court of Brescia dismisses Barilla's complaint and accepts the claims of the Tedesco and Sapori Artigianali companies.
• Arguments of the Reversal of the Judgment:
  • Volgarization of Shape Marks: The shape of the cookies in question is now considered so common that it is no longer distinctive of a particular manufacturer.
  • Packaging Disputed: Despite similarity, Tedesco's packaging is not considered likely to create undue confusion or associations with Barilla's due to the prevalence of common elements in the industry.
  • Urgency of the Proceedings: The court rejects the urgency requested by Barilla for intervention, noting that Barilla was aware of the sale of the "similar" products as early as 2016.
• Implications for the Industry: This case highlights the importance of distinctiveness and originality in product and packaging design in an overcrowded market. It also shows the legal and business challenges in protecting these aspects in competitive environments.

• Research and development period: 6 years, started in 2018.
• Production facility: Melfi, Basilicata.
• Investment: Over 30 million euros in the last 3 years in the Melfi plant, with investments dedicated to both sustainability and innovation, including the creation of production lines for Pancakes and Fisarmoniche.
• Sugar content: Accordions has -35% sugar compared to the average of best-selling snacks.
• Calorie content: 120 kcal/piece.
• Plant production capacity: Maximum capacity of 83,000 tons/year.
• Number of employees in Melfi: More than 350.
• Quality checks: More than 5,000 checks on finished products and 200 on raw materials per day.
• Environmental savings over the past 10 years: 40% water savings and 27% reduction in CO2 emissions.
• Total number of Mulino Bianco references: Over 130, which include cookies, snacks, and breads.
• Italians' preference for dunking: 6 out of 10 Italians like to dunk snacks or cookies for breakfast.
• Ingredients: Without coloring and preservative additives or palm oil. Contains 4% fiber.
• Plant size: 202,000 m^2.

Price reduction by Barilla: 7% to 13%.

• Products involved: Spaghetti No. 5, most of the pasta assortment, Mulino Bianco products (cookies, snacks, rusks, breads) and some Pavesi items (such as Gocciole)
• Duration of the promotion: until December 31, 2024
• Rationale: Extraordinary operation to reduce transfer prices to direct customers and distributors, achieved by lowering contract prices on a significant basket of products
• Other strategic initiatives of Barilla: investments along its supply chains, in production sites, focus on research and development of new technologies, innovation with new product launches, communication campaigns, continuous collaboration with partners operating in the distribution sector

• The Galapagos Group has sold its majority stake in Aster Développement (Alpina Savoie and Heimburger) to Crédit Mutuel Equity and Bpifrance
• The merger of Alpina Savoie and Heimburger took place in 2022.
• Aster Développement, headed by Nicolas Guize, generates sales of 85 million euros and employs 260 people at its plants in Chambéry (73) and Marlenheim (67)

• The family group that owns Loc Maria Biscuits has sold its stake in Aster Développement to Crédit Mutuel Equity and Bpifrance.
• Breton group Galapagos owns Loc Maria Biscuits (Gavottes).
• The merger of Alpina Savoie and Heimburger in 2022 brought together two regional pasta specialists.
• Aster Développement (Alpina Savoie and Heimburger) has sales of around 85 million euros.
• Aster Développement employs 260 people at its plants in Chambéry (73) and Marlenheim (67). Aster Développement has ambitions for growth in professional markets nationwide.

• The Saint Jean Group has invested 80 million euros in this project.
• The 20,000 square meter plant will produce fresh and filled pasta.
• Pasta production capacity can reach nearly 15,000 tons per year.
• Saint Jean hopes to achieve sales of 150 million euros by 2030, compared with 104 million the previous year.
• Planned integration of 150 additional employees to the existing 500.
• The pasta market is growing by 4% to 5% a year.
• Saint Jean has around 7% market share in the pasta industry, ranking third.
• The French spend around 500 million euros a year on pasta.
• Saint Jean sells its products mainly in supermarkets (two-thirds of sales).
• Saint Jean also wants to increase its international sales, which currently account for just 2% of its total sales.
• The aim is to increase this to 10% by 2030.
• The group claims 40% of quenelle sales in France.