# C_2015276EN.01000401.xml

| 21.8.2015 | EN | Official Journal of the European Union | C 276/4 |
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21.8.2015

EN

Official Journal of the European Union

C 276/4

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Prior notification of a concentration

(Case M.7751 — CVC Capital Partners SICAV-FIS SA/PKP Energetyka SA)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 276/04)

| 1. | On 12 August 2015 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 CVC Capital Partners SICAV-FIS SA (Luxembourg) (‘CVC’), through certain CVC Funds, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking PKP Energetyka SA. (Poland) (‘PKP’) by way of purchase of shares. |
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1.

On 12 August 2015 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 CVC Capital Partners SICAV-FIS SA (Luxembourg) (‘CVC’), through certain CVC Funds, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking PKP Energetyka SA. (Poland) (‘PKP’) by way of purchase of shares.

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






  — | for CVC: CVC Funds hold interests in a number of companies in various industries including chemicals, utilities, manufacturing, retailing and distribution, primarily in Europe, the US and the Asia-Pacific region, |
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2.

The business activities of the undertakings concerned are:

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for CVC: CVC Funds hold interests in a number of companies in various industries including chemicals, utilities, manufacturing, retailing and distribution, primarily in Europe, the US and the Asia-Pacific region,

| — | PKP is an undertaking active in Poland in: (a) the distribution of electricity; (b) the sale of electricity to retail, commercial and industrial clients; (c) the provision of power engineering services, including: (i) the construction, modernisation and maintenance of power distribution networks; (ii) the modernisation of railway infrastructure; (iii) the maintenance of traction power supply systems; and (iv) other power engineering services; (d) the sale of diesel oil for diesel railway vehicles; and (e) the sale of natural gas to industrial and commercial clients. |
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PKP is an undertaking active in Poland in: (a) the distribution of electricity; (b) the sale of electricity to retail, commercial and industrial clients; (c) the provision of power engineering services, including: (i) the construction, modernisation and maintenance of power distribution networks; (ii) the modernisation of railway infrastructure; (iii) the maintenance of traction power supply systems; and (iv) other power engineering services; (d) the sale of diesel oil for diesel railway vehicles; and (e) the sale of natural gas to industrial and commercial clients.

| 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 M.7751 — CVC Capital Partners SICAV-FIS SA/PKP Energetyka SA, 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 M.7751 — CVC Capital Partners SICAV-FIS SA/PKP Energetyka SA, 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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