# C_2014073EN.01003501.xml

| 12.3.2014 | EN | Official Journal of the European Union | C 73/35 |
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12.3.2014

EN

Official Journal of the European Union

C 73/35

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Prior notification of a concentration

(Case COMP/M.7171 — Varo Energy/Bayernoil Package)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 73/08

| 1. | On 5 March 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Varo Energy (‘Varo’, The Netherlands), ultimately controlled by Vitol Holding BV, Rotterdam, (‘Vitol’, The Netherlands) and by the Carlyle Group (‘Carlyle’, US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over a set of assets and businesses — the ‘Bayernoil Package’ — from OMV Deutschland GmbH, by way of purchase of shares and assets. |
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1.

On 5 March 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Varo Energy (‘Varo’, The Netherlands), ultimately controlled by Vitol Holding BV, Rotterdam, (‘Vitol’, The Netherlands) and by the Carlyle Group (‘Carlyle’, US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over a set of assets and businesses — the ‘Bayernoil Package’ — from OMV Deutschland GmbH, by way of purchase of shares and assets.

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






  — | Varo is active in the oil sector, namely in refining, ex-refinery and non-retail sales, storage for heating oil, diesel, gasoline, heavy fuel oil, kerosene, bitumen, recycled oil and lubricants as well as transportation of petroleum products, |
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2.

The business activities of the undertakings concerned are:

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Varo is active in the oil sector, namely in refining, ex-refinery and non-retail sales, storage for heating oil, diesel, gasoline, heavy fuel oil, kerosene, bitumen, recycled oil and lubricants as well as transportation of petroleum products,

| — | Vitol is active in the trading of various commodities and financial instruments relating in particular to the oil and gas sector, |
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Vitol is active in the trading of various commodities and financial instruments relating in particular to the oil and gas sector,

| — | Carlyle is a global alternative asset manager, |
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Carlyle is a global alternative asset manager,

| — | The Bayernoil Package is active in the refining and marketing of refined oil products predominantly in southern Germany and Austria. |
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The Bayernoil Package is active in the refining and marketing of refined oil products predominantly in southern Germany and Austria.

| 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 the 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 the 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 number COMP/M.7171 — Varo Energy/Bayernoil Package, 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 number COMP/M.7171 — Varo Energy/Bayernoil Package, 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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