# Official Journal C 37/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 37 |
| | |
| English edition | Information and Notices | Volume 5930 January 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 37

English edition

Information and Notices

Volume 5930 January 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 037/01 | Non-opposition to a notified concentration (Case M.7844 — ACEK/Sumitomo/JV) (
  1
  ) | 1 |
| 2016/C 037/02 | Non-opposition to a notified concentration (Case M.7833 — CDC International Capital/Mubadala Development Company/Vivalto Bel/Group Vivalto Santé) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 037/01

Non-opposition to a notified concentration (Case M.7844 — ACEK/Sumitomo/JV) (
  1
  )

1

1

2016/C 037/02

Non-opposition to a notified concentration (Case M.7833 — CDC International Capital/Mubadala Development Company/Vivalto Bel/Group Vivalto Santé) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 037/03 | Euro exchange rates | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 037/03

Euro exchange rates

2

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 037/04 | Prior notification of a concentration (Case M.7940 — Netto/Grocery store at Armitage Avenue Little Hulton) — Candidate case for simplified procedure (
  1
  ) | 3 |
| 2016/C 037/05 | Prior notification of a concentration (Case M.7861 — Dell/EMC) (
  1
  ) | 4 |
| 2016/C 037/06 | Prior notification of a concentration (Case M.7929 — Mitsubishi Corporation/KKR/South Staffordshire Plc) — Candidate case for simplified procedure (
  1
  ) | 5 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 037/04

Prior notification of a concentration (Case M.7940 — Netto/Grocery store at Armitage Avenue Little Hulton) — Candidate case for simplified procedure (
  1
  )

1

3

2016/C 037/05

Prior notification of a concentration (Case M.7861 — Dell/EMC) (
  1
  )

1

4

2016/C 037/06

Prior notification of a concentration (Case M.7929 — Mitsubishi Corporation/KKR/South Staffordshire Plc) — Candidate case for simplified procedure (
  1
  )

1

5

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| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 30.1.2016 | EN | Official Journal of the European Union | C 37/1 |
| --- | --- | --- | --- |

30.1.2016

EN

Official Journal of the European Union

C 37/1

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Non-opposition to a notified concentration

(Case M.7844 — ACEK/Sumitomo/JV)

(Text with EEA relevance)

(2016/C 37/01)

On 26 January 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7844. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7844. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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| 30.1.2016 | EN | Official Journal of the European Union | C 37/1 |
| --- | --- | --- | --- |

30.1.2016

EN

Official Journal of the European Union

C 37/1

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Non-opposition to a notified concentration

(Case M.7833 — CDC International Capital/Mubadala Development Company/Vivalto Bel/Group Vivalto Santé)

(Text with EEA relevance)

(2016/C 37/02)

On 14 December 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes. |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes.

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7833. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7833. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 30.1.2016 | EN | Official Journal of the European Union | C 37/2 |
| --- | --- | --- | --- |

30.1.2016

EN

Official Journal of the European Union

C 37/2

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Euro exchange rates (1)

29 January 2016

(2016/C 37/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0920 |
| JPY | Japanese yen | 132,25 |
| DKK | Danish krone | 7,4628 |
| GBP | Pound sterling | 0,76410 |
| SEK | Swedish krona | 9,3483 |
| CHF | Swiss franc | 1,1144 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,4845 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,026 |
| HUF | Hungarian forint | 312,03 |
| PLN | Polish zloty | 4,4398 |
| RON | Romanian leu | 4,5352 |
| TRY | Turkish lira | 3,2365 |
| AUD | Australian dollar | 1,5388 |
| CAD | Canadian dollar | 1,5363 |
| HKD | Hong Kong dollar | 8,5101 |
| NZD | New Zealand dollar | 1,6788 |
| SGD | Singapore dollar | 1,5550 |
| KRW | South Korean won | 1 318,60 |
| ZAR | South African rand | 17,4927 |
| CNY | Chinese yuan renminbi | 7,1810 |
| HRK | Croatian kuna | 7,6600 |
| IDR | Indonesian rupiah | 14 967,64 |
| MYR | Malaysian ringgit | 4,5296 |
| PHP | Philippine peso | 52,082 |
| RUB | Russian rouble | 82,8472 |
| THB | Thai baht | 38,973 |
| BRL | Brazilian real | 4,4294 |
| MXN | Mexican peso | 20,0054 |
| INR | Indian rupee | 74,1039 |

Currency

Exchange rate

USD

US dollar

1,0920

JPY

Japanese yen

132,25

DKK

Danish krone

7,4628

GBP

Pound sterling

0,76410

SEK

Swedish krona

9,3483

CHF

Swiss franc

1,1144

ISK

Iceland króna

NOK

Norwegian krone

9,4845

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,026

HUF

Hungarian forint

312,03

PLN

Polish zloty

4,4398

RON

Romanian leu

4,5352

TRY

Turkish lira

3,2365

AUD

Australian dollar

1,5388

CAD

Canadian dollar

1,5363

HKD

Hong Kong dollar

8,5101

NZD

New Zealand dollar

1,6788

SGD

Singapore dollar

1,5550

KRW

South Korean won

1 318,60

ZAR

South African rand

17,4927

CNY

Chinese yuan renminbi

7,1810

HRK

Croatian kuna

7,6600

IDR

Indonesian rupiah

14 967,64

MYR

Malaysian ringgit

4,5296

PHP

Philippine peso

52,082

RUB

Russian rouble

82,8472

THB

Thai baht

38,973

BRL

Brazilian real

4,4294

MXN

Mexican peso

20,0054

INR

Indian rupee

74,1039

---

(1)  Source: reference exchange rate published by the ECB.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 30.1.2016 | EN | Official Journal of the European Union | C 37/3 |
| --- | --- | --- | --- |

30.1.2016

EN

Official Journal of the European Union

C 37/3

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Prior notification of a concentration

(Case M.7940 — Netto/Grocery store at Armitage Avenue Little Hulton)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 37/04)

| 1. | On 22 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings J. Sainsbury plc (‘Sainsbury’s’, United Kingdom) and Dansk Supermarked (‘Dansk’, Denmark) parent companies to Netto Limited, a non-full-function joint venture, acquire within the meaning of Article 3(1)(b) of the Merger Regulation control from Wm Morrison Supermarkets plc (‘Morrisons’, United Kingdom) of the whole of a retail store located at Armitage Avenue, Worsley (‘the Target Store’, United Kingdom) by way of purchase of assets. |
| --- | --- |

1.

On 22 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings J. Sainsbury plc (‘Sainsbury’s’, United Kingdom) and Dansk Supermarked (‘Dansk’, Denmark) parent companies to Netto Limited, a non-full-function joint venture, acquire within the meaning of Article 3(1)(b) of the Merger Regulation control from Wm Morrison Supermarkets plc (‘Morrisons’, United Kingdom) of the whole of a retail store located at Armitage Avenue, Worsley (‘the Target Store’, United Kingdom) by way of purchase of assets.

| 2. | The business activities of the undertakings concerned are:
  —   for Sainsbury’s: retail of grocery and non grocery goods. Sainsbury is also active in the retail supply of petrol and pharmacy products, retail banking and insurance services. Sainsbury’s has over 1 300 stores and 161 000 employees in the United Kingdom. Outside the United Kingdom, Sainsbury’s has limited online sales in Ireland (from its Northern Irish stores),
  —   for Dansk: retail of grocery and non-grocery goods in Denmark, Germany, Poland, Sweden and the United Kingdom (through its interest in Netto) under the trade formulas Føtex, Bilka, Netto and Salling. Dansk has no activities in the United Kingdom aside from its joint venture interest in Netto,
  —   for Netto: discount retail of grocery and non-grocery goods,
  —   for the Target Store: retail store located at Armitage Avenue, Worsley in the United Kingdom. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Sainsbury’s: retail of grocery and non grocery goods. Sainsbury is also active in the retail supply of petrol and pharmacy products, retail banking and insurance services. Sainsbury’s has over 1 300 stores and 161 000 employees in the United Kingdom. Outside the United Kingdom, Sainsbury’s has limited online sales in Ireland (from its Northern Irish stores),

—   for Dansk: retail of grocery and non-grocery goods in Denmark, Germany, Poland, Sweden and the United Kingdom (through its interest in Netto) under the trade formulas Føtex, Bilka, Netto and Salling. Dansk has no activities in the United Kingdom aside from its joint venture interest in Netto,

—   for Netto: discount retail of grocery and non-grocery goods,

—   for the Target Store: retail store located at Armitage Avenue, Worsley in the United Kingdom.

| 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 the 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. |
| --- | --- |

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 the 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.

| 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 number M.7940 — Netto/Grocery store at Armitage Avenue Little Hulton, to the following address:





  European Commission |
| --- | --- |
| 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 number M.7940 — Netto/Grocery store at Armitage Avenue Little Hulton, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

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| 30.1.2016 | EN | Official Journal of the European Union | C 37/4 |
| --- | --- | --- | --- |

30.1.2016

EN

Official Journal of the European Union

C 37/4

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Prior notification of a concentration

(Case M.7861 — Dell/EMC)

(Text with EEA relevance)

(2016/C 37/05)

| 1. | On 25 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Denali Holding, Inc. (‘Denali’, United States), the owner of Dell Inc. (‘Dell’, United States) acquires within the meaning of Article 3(1)(b) of the EU Merger Regulation sole control of the whole of the undertaking EMC Corporation (‘EMC’, United States) by way of purchase of shares. |
| --- | --- |

1.

On 25 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Denali Holding, Inc. (‘Denali’, United States), the owner of Dell Inc. (‘Dell’, United States) acquires within the meaning of Article 3(1)(b) of the EU Merger Regulation sole control of the whole of the undertaking EMC Corporation (‘EMC’, United States) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   For Denali: holding company, parent of Dell. Denali is solely controlled by Michael S. Dell, the founder and CEO of Dell.
  —   For Dell: development, sales, repairs, and support for computers and related products and services. Dell was founded in 1984 and is headquartered in Round Rock, Texas.
  —   For EMC: data storage, information security, virtualisation, analytics, cloud computing, and other products and services that enable businesses to store, manage, protect and analyse data. Organised as a federation, EMC owns, inter alia, approximately 81 % of VMware, Inc., a publicly-traded provider of virtualisation software. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   For Denali: holding company, parent of Dell. Denali is solely controlled by Michael S. Dell, the founder and CEO of Dell.

—   For Dell: development, sales, repairs, and support for computers and related products and services. Dell was founded in 1984 and is headquartered in Round Rock, Texas.

—   For EMC: data storage, information security, virtualisation, analytics, cloud computing, and other products and services that enable businesses to store, manage, protect and analyse data. Organised as a federation, EMC owns, inter alia, approximately 81 % of VMware, Inc., a publicly-traded provider of virtualisation software.

| 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. |
| --- | --- |

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.

| 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 number M.7861 — Dell/EMC, to the following address:





  European Commission |
| --- | --- |
| 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 number M.7861 — Dell/EMC, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

---

| 30.1.2016 | EN | Official Journal of the European Union | C 37/5 |
| --- | --- | --- | --- |

30.1.2016

EN

Official Journal of the European Union

C 37/5

---

Prior notification of a concentration

(Case M.7929 — Mitsubishi Corporation/KKR/South Staffordshire Plc)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 37/06)

| 1. | On 22 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Mitsubishi Corporation (‘Mitsubishi Corporation’, Japan) and KKR & Co. L.P (‘KKR’, United States) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of South Staffordshire Plc (‘SSP’, United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 22 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Mitsubishi Corporation (‘Mitsubishi Corporation’, Japan) and KKR & Co. L.P (‘KKR’, United States) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of South Staffordshire Plc (‘SSP’, United Kingdom) by way of purchase of shares.

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






  — | Mitsubishi Corporation is a global integrated trading company which develops and operates businesses across a variety of industries, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Mitsubishi Corporation is a global integrated trading company which develops and operates businesses across a variety of industries,

| — | KKR is a global investment firm, which offers a broad range of alternative asset funds and other investment products to investors and provides capital markets solutions for the firm, its portfolio companies and clients, |
| --- | --- |

—

KKR is a global investment firm, which offers a broad range of alternative asset funds and other investment products to investors and provides capital markets solutions for the firm, its portfolio companies and clients,

| — | SSP The Target Group is an integrated services group active in the areas of regulated and unregulated water supply and related services. |
| --- | --- |

—

SSP The Target Group is an integrated services group active in the areas of regulated and unregulated water supply and related services.

| 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. |
| --- | --- |

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.

| 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.7929 — Mitsubishi Corporation/KKR/South Staffordshire Plc, to the following address:





  European Commission |
| --- | --- |
| 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.7929 — Mitsubishi Corporation/KKR/South Staffordshire Plc, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

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

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