# C_2017094EN.01001301.xml

| 25.3.2017 | EN | Official Journal of the European Union | C 94/13 |
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25.3.2017

EN

Official Journal of the European Union

C 94/13

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Prior notification of a concentration

(Case M.8428 — CVC/Żabka Polska)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 94/07)

| 1. | On 16 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CVC Capital Partners SICAV-FIS S.A. (‘CVC’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Żabka Polska S.A. (‘Żabka’, Poland) by way of a purchase of shares. |
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1.

On 16 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CVC Capital Partners SICAV-FIS S.A. (‘CVC’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Żabka Polska S.A. (‘Żabka’, Poland) by way of a purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for CVC: advice to and management of investment funds and platforms, and
  —   for Żabka: grocery retail through the operation of a franchise network of convenience stores in Poland. |
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2.

The business activities of the undertakings concerned are:

—   for CVC: advice to and management of investment funds and platforms, and

for CVC

—   for Żabka: grocery retail through the operation of a franchise network of convenience stores in Poland.

for Żabka

| 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.8428 — CVC/Żabka Polska, 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.8428 — CVC/Żabka Polska, 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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