# C_2015437EN.01000701.xml

| 29.12.2015 | EN | Official Journal of the European Union | C 437/7 |
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29.12.2015

EN

Official Journal of the European Union

C 437/7

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Prior notification of a concentration

(Case M.7899 — Alimentation Couche Tard/Topaz Energy Group/Resource Property Investment Fund/Esso Ireland)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 437/08)

| 1. | On 18 December 2015, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking 9121-2738 Québec Inc., ultimately controlled by Alimentation Couche-Tard Inc. (‘ACT’ of Canada) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertakings Topaz Energy Group Limited (‘Topaz’ of Ireland), Resource Property Investment Fund plc (‘RPIF’ of Ireland) and Esso Ireland Limited (‘Esso Ireland’ of Ireland) by way of purchase of shares. |
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1.

On 18 December 2015, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking 9121-2738 Québec Inc., ultimately controlled by Alimentation Couche-Tard Inc. (‘ACT’ of Canada) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertakings Topaz Energy Group Limited (‘Topaz’ of Ireland), Resource Property Investment Fund plc (‘RPIF’ of Ireland) and Esso Ireland Limited (‘Esso Ireland’ of Ireland) by way of purchase of shares.

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






  — | ACT is a worldwide convenience store operator active in the EEA through its petrol station network in Norway, Sweden, Denmark, Poland, Latvia, Lithuania and Estonia, |
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2.

The business activities of the undertakings concerned are:

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ACT is a worldwide convenience store operator active in the EEA through its petrol station network in Norway, Sweden, Denmark, Poland, Latvia, Lithuania and Estonia,

| — | Topaz is active in the non-retail and retail supply of motor fuels, lubricants, heating oil and aviation fuel in Ireland and in Northern Ireland, |
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Topaz is active in the non-retail and retail supply of motor fuels, lubricants, heating oil and aviation fuel in Ireland and in Northern Ireland,

| — | RPIF holds investments in a number of Topaz’s properties including service stations and depots, |
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RPIF holds investments in a number of Topaz’s properties including service stations and depots,

| — | Esso Ireland is active in the non-retail and retail supply of fuel products in Ireland. |
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Esso Ireland is active in the non-retail and retail supply of fuel products in Ireland.

| 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. |
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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 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 number M.7899 — Alimentation Couche Tard/Topaz Energy Group/Resource Property Investment Fund/Esso Ireland, 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 M.7899 — Alimentation Couche Tard/Topaz Energy Group/Resource Property Investment Fund/Esso Ireland, 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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