The Office of Fair Trading (OFT) has published a decision outlining its reasons for finding that the anticipated acquisition by The Coca-Cola Company (TCCC) of a 50%-60% shareholding in Fresh Trading Limited (Fresh Trading) did not create a “relevant merger situation” under the Enterprise Act 2002. TCCC entered into an investment agreement in March 2009 to acquire a minority shareholding in Fresh Trading. The agreement included an option for TCCC to increase its shareholding. Although the OFT would normally consider a shareholding of 50%-60% to constitute a controlling interest, TCCC’s increased stake does not in fact give it any greater control over matters of strategic commercial importance than it currently has. The OFT concluded that this was not “a relevant merger situation” and therefore it did not have jurisdiction to carry out a substantive review of the transaction.