# C_2016221EN.01000801.xml

| 18.6.2016 | EN | Official Journal of the European Union | C 221/8 |
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18.6.2016

EN

Official Journal of the European Union

C 221/8

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Prior notification of a concentration

(Case M.7860 — KH/Strabag/SPPD)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 221/08)

| 1. | On 10 June 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 Kulczyk Holding S.A. (‘KH’), a wholly owned subsidiary of Kulczyk Investments S.A. (‘KI’, Poland), and Strabag Sp. z o.o. (‘Strabag’), a wholly owned subsidiary of Strabag SE, Austria, acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation control of the whole of the undertaking SPPD Sp. z o.o. (‘SPPD’, Poland) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 10 June 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 Kulczyk Holding S.A. (‘KH’), a wholly owned subsidiary of Kulczyk Investments S.A. (‘KI’, Poland), and Strabag Sp. z o.o. (‘Strabag’), a wholly owned subsidiary of Strabag SE, Austria, acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation control of the whole of the undertaking SPPD Sp. z o.o. (‘SPPD’, Poland) by way of purchase of shares in a newly created company constituting a joint venture.

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| 2. | The business activities of the undertakings concerned are:
  —   for KH: an investment company belonging to KI, a capital group focussing on investments in a broad range of sectors, including minerals and mining, energy, infrastructure, real estate project development and management, and chemicals. KI concentrates its business investment activities in Europe and Africa. Amongst these, KI holds investment participations in motorway infrastructure and concession projects in Poland,
  —   for Strabag: company active in building constructions, civil engineering and the tunnelling sector,
  —   for SPPD (joint venture to be renamed A2 Route Sp.z.o.o.): provider of specific so-called heavy maintenance services on public roads and motorways in Poland. |
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2.

The business activities of the undertakings concerned are:

—   for KH: an investment company belonging to KI, a capital group focussing on investments in a broad range of sectors, including minerals and mining, energy, infrastructure, real estate project development and management, and chemicals. KI concentrates its business investment activities in Europe and Africa. Amongst these, KI holds investment participations in motorway infrastructure and concession projects in Poland,

for KH

—   for Strabag: company active in building constructions, civil engineering and the tunnelling sector,

for Strabag

—   for SPPD (joint venture to be renamed A2 Route Sp.z.o.o.): provider of specific so-called heavy maintenance services on public roads and motorways in Poland.

for SPPD (joint venture to be renamed A2 Route Sp.z.o.o.)

| 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.7860 — KH/Strabag/SPPD, 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.7860 — KH/Strabag/SPPD, 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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