# C_2016477EN.01000401.xml

| 21.12.2016 | EN | Official Journal of the European Union | C 477/4 |
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21.12.2016

EN

Official Journal of the European Union

C 477/4

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Prior notification of a concentration

(Case M.8307 — EP Investment/EP Investment II/EPH)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 477/06)

| 1. | On 14 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EP Investment S.à.r.l. (‘EP Investment’, Luxembourg) and EP Investment II S.à.r.l. (‘EP Investment II’, Luxembourg) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of Energetický a průmyslový holding, a.s. (‘EPH’, Czech Republic), by way of purchase of shares. |
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1.

On 14 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EP Investment S.à.r.l. (‘EP Investment’, Luxembourg) and EP Investment II S.à.r.l. (‘EP Investment II’, Luxembourg) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of Energetický a průmyslový holding, a.s. (‘EPH’, Czech Republic), by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | EP Investment and EP Investment II are holding companies whose only activities are (and will be) to hold the shares in EPH. EP Investment and EP Investment II are fully-owned and controlled by Daniel Křetínský whose group has activities in several sectors, including energy, transport infrastructure, automotive and media. |
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2.

The business activities of the undertakings concerned are:

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EP Investment and EP Investment II are holding companies whose only activities are (and will be) to hold the shares in EPH. EP Investment and EP Investment II are fully-owned and controlled by Daniel Křetínský whose group has activities in several sectors, including energy, transport infrastructure, automotive and media.

| — | EPH is a utility company with several activities including lignite mining, electricity and heat production, distribution and supply as well as gas transmission, distribution, storage and supply. |
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EPH is a utility company with several activities including lignite mining, electricity and heat production, distribution and supply as well as gas transmission, distribution, storage and supply.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8307 — EP Investment/EP Investment II/EPH, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8307 — EP Investment/EP Investment II/EPH, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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