# C_2014164EN.01002201.xml

| 29.5.2014 | EN | Official Journal of the European Union | C 164/22 |
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29.5.2014

EN

Official Journal of the European Union

C 164/22

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Prior notification of a concentration

(Case M.7247 — Fresenius SE & CO / Sistema JSFC / JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2014/C 164/11)

| 1. | On 21 May 2014, 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 Fresenius Kabi Deutschland GmbH, an indirectly wholly owned subsidiary of Fresenius SE & Co. KGaA (‘Fresenius’, Germany), and Sistema JSFC (‘Sistema’, Russian Federation) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture, Fresenius Kabi Binnopharm GmbH & Co. KG (‘Fresenius Kabi Binnopharm’) by way of purchase of shares. |
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1.

On 21 May 2014, 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 Fresenius Kabi Deutschland GmbH, an indirectly wholly owned subsidiary of Fresenius SE & Co. KGaA (‘Fresenius’, Germany), and Sistema JSFC (‘Sistema’, Russian Federation) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture, Fresenius Kabi Binnopharm GmbH & Co. KG (‘Fresenius Kabi Binnopharm’) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for Fresenius: a health care group, active in the development, marketing and sales of medicines and technologies for infusion, transfusion and clinical nutrition, with main focus on dialysis treatments, including hospital care and medical care of patients at home, globally,
  —   for Sistema: an equity investment group active in the fields of telecommunications, oil, electric power, consumer goods, high tech, including biotechnology and pharmaceuticals, and other industries, mainly in the Russian Federation,
  —   for Fresenius Kabi Binnopharm: active in the fields of manufacture and distribution of pharmaceutical products, hepatitis B vaccines and a range of biotech medications as well as infusion and blood substitution solutions, parenteral and enteral nutrition and generic oncological treatments in the Russian Federation and Commonwealth of Independent States. |
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2.

The business activities of the undertakings concerned are:

—   for Fresenius: a health care group, active in the development, marketing and sales of medicines and technologies for infusion, transfusion and clinical nutrition, with main focus on dialysis treatments, including hospital care and medical care of patients at home, globally,

for Fresenius

—   for Sistema: an equity investment group active in the fields of telecommunications, oil, electric power, consumer goods, high tech, including biotechnology and pharmaceuticals, and other industries, mainly in the Russian Federation,

for Sistema

—   for Fresenius Kabi Binnopharm: active in the fields of manufacture and distribution of pharmaceutical products, hepatitis B vaccines and a range of biotech medications as well as infusion and blood substitution solutions, parenteral and enteral nutrition and generic oncological treatments in the Russian Federation and Commonwealth of Independent States.

for Fresenius Kabi Binnopharm

| 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 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 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 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7247 — Fresenius SE & CO / Sistema JSFC / JV 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7247 — Fresenius SE & CO / Sistema JSFC / JV 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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