# Official Journal C 42/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 42 |
| | |
| English edition | Information and Notices | Volume 609 February 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 42

English edition

Information and Notices

Volume 609 February 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 42/01 | Non-opposition to a notified concentration (Case M.8344 — Sumitomo Corporation/Fyffes plc) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 42/01

Non-opposition to a notified concentration (Case M.8344 — Sumitomo Corporation/Fyffes plc) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 42/02 | Euro exchange rates | 2 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2017/C 42/03 | State aid — Decision to raise no objections | 3 |
| 2017/C 42/04 | State aid — Decision to raise no objections | 4 |
| 2017/C 42/05 | Notice of the opening of bankruptcy proceedings regarding the assets of Gable Insurance AG, registration number FL-0002.161.375-6 | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 42/02

Euro exchange rates

2

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2017/C 42/03

State aid — Decision to raise no objections

3

2017/C 42/04

State aid — Decision to raise no objections

4

2017/C 42/05

Notice of the opening of bankruptcy proceedings regarding the assets of Gable Insurance AG, registration number FL-0002.161.375-6

5

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 42/06 | Prior notification of a concentration (Case M.8349 — KKR/The GfK Verein/GfK) — Candidate case for simplified procedure (
  1
  ) | 8 |
| 2017/C 42/07 | Prior notification of a concentration (Case M.8223 — Micro Focus/HPE Software Business) (
  1
  ) | 9 |
| 2017/C 42/08 | Prior notification of a concentration (Case M.8305 — Rockwell Collins/B/E Aerospace) — Candidate case for simplified procedure (
  1
  ) | 10 |
| 2017/C 42/09 | Prior notification of a concentration (Case M.8368 — KKCG/Foxconn Technology/JV) — Candidate case for simplified procedure (
  1
  ) | 11 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 42/06

Prior notification of a concentration (Case M.8349 — KKR/The GfK Verein/GfK) — Candidate case for simplified procedure (
  1
  )

1

8

2017/C 42/07

Prior notification of a concentration (Case M.8223 — Micro Focus/HPE Software Business) (
  1
  )

1

9

2017/C 42/08

Prior notification of a concentration (Case M.8305 — Rockwell Collins/B/E Aerospace) — Candidate case for simplified procedure (
  1
  )

1

10

2017/C 42/09

Prior notification of a concentration (Case M.8368 — KKCG/Foxconn Technology/JV) — Candidate case for simplified procedure (
  1
  )

1

11

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.2.2017 | EN | Official Journal of the European Union | C 42/1 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/1

---

Non-opposition to a notified concentration

(Case M.8344 — Sumitomo Corporation/Fyffes plc)

(Text with EEA relevance)

(2017/C 42/01)

On 3 February 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8344. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8344. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 9.2.2017 | EN | Official Journal of the European Union | C 42/2 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/2

---

Euro exchange rates (1)

8 February 2017

(2017/C 42/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0665 |
| JPY | Japanese yen | 119,39 |
| DKK | Danish krone | 7,4342 |
| GBP | Pound sterling | 0,85315 |
| SEK | Swedish krona | 9,4523 |
| CHF | Swiss franc | 1,0637 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,8835 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 309,32 |
| PLN | Polish zloty | 4,3118 |
| RON | Romanian leu | 4,4890 |
| TRY | Turkish lira | 3,9709 |
| AUD | Australian dollar | 1,3960 |
| CAD | Canadian dollar | 1,4020 |
| HKD | Hong Kong dollar | 8,2745 |
| NZD | New Zealand dollar | 1,4600 |
| SGD | Singapore dollar | 1,5112 |
| KRW | South Korean won | 1 220,64 |
| ZAR | South African rand | 14,3162 |
| CNY | Chinese yuan renminbi | 7,3295 |
| HRK | Croatian kuna | 7,4573 |
| IDR | Indonesian rupiah | 14 211,11 |
| MYR | Malaysian ringgit | 4,7342 |
| PHP | Philippine peso | 53,233 |
| RUB | Russian rouble | 63,1825 |
| THB | Thai baht | 37,359 |
| BRL | Brazilian real | 3,3330 |
| MXN | Mexican peso | 21,9102 |
| INR | Indian rupee | 71,6095 |

Currency

Exchange rate

USD

US dollar

1,0665

JPY

Japanese yen

119,39

DKK

Danish krone

7,4342

GBP

Pound sterling

0,85315

SEK

Swedish krona

9,4523

CHF

Swiss franc

1,0637

ISK

Iceland króna

NOK

Norwegian krone

8,8835

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

309,32

PLN

Polish zloty

4,3118

RON

Romanian leu

4,4890

TRY

Turkish lira

3,9709

AUD

Australian dollar

1,3960

CAD

Canadian dollar

1,4020

HKD

Hong Kong dollar

8,2745

NZD

New Zealand dollar

1,4600

SGD

Singapore dollar

1,5112

KRW

South Korean won

1 220,64

ZAR

South African rand

14,3162

CNY

Chinese yuan renminbi

7,3295

HRK

Croatian kuna

7,4573

IDR

Indonesian rupiah

14 211,11

MYR

Malaysian ringgit

4,7342

PHP

Philippine peso

53,233

RUB

Russian rouble

63,1825

THB

Thai baht

37,359

BRL

Brazilian real

3,3330

MXN

Mexican peso

21,9102

INR

Indian rupee

71,6095

---

(1)  Source: reference exchange rate published by the ECB.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 9.2.2017 | EN | Official Journal of the European Union | C 42/3 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/3

---

State aid — Decision to raise no objections

(2017/C 42/03)

The EFTA Surveillance Authority raises no objections to the following state aid measure:

| Date of adoption of the decision | : | 11 November 2016 |
| --- | --- | --- |
| Case No | : | 79784 |
| Decision No | : | 201/16/COL |
| EFTA State | : | Norway |
| Title | : | Six month prolongation of the special tax system for shipping |
| Legal basis | : | The Parliamentary resolution on income and net wealth taxes, the Tax Act (LOV-1999-03-26-14) sections 8-10 to 8-20, and the Regulation to the Tax Act (FOR-1999-11-19-1158) sections 8-11, 8-13, 8-15, 8-16 and 8-20. |
| Type of measure | : | Scheme |
| Objective | : | Maritime transport |
| Form of aid | : | Favourable tax |
| Budget | : | NOK 100 million |
| Duration | : | 1.1.2017 – 30.6.2017 |
| Economic sectors | : | Maritime transport |
| Name and address of the granting authority | : | Skatt Øst |
| P.O. Box 1073 Valaskjold |
| N-1705 Sarpsborg |
| NORWAY |

Date of adoption of the decision

:

11 November 2016

Case No

:

79784

Decision No

:

201/16/COL

EFTA State

:

Norway

Title

:

Six month prolongation of the special tax system for shipping

Legal basis

:

The Parliamentary resolution on income and net wealth taxes, the Tax Act (LOV-1999-03-26-14) sections 8-10 to 8-20, and the Regulation to the Tax Act (FOR-1999-11-19-1158) sections 8-11, 8-13, 8-15, 8-16 and 8-20.

Type of measure

:

Scheme

Objective

:

Maritime transport

Form of aid

:

Favourable tax

Budget

:

NOK 100 million

Duration

:

1.1.2017 – 30.6.2017

Economic sectors

:

Maritime transport

Name and address of the granting authority

:

Skatt Øst

P.O. Box 1073 Valaskjold

N-1705 Sarpsborg

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

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| 9.2.2017 | EN | Official Journal of the European Union | C 42/4 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/4

---

State aid — Decision to raise no objections

(2017/C 42/04)

The EFTA Surveillance Authority raises no objections to the following state aid measure:

| Date of adoption of the decision | : | 21 November 2016 |
| --- | --- | --- |
| Case No | : | 79767 |
| Decision No | : | 208/16/COL |
| EFTA State | : | Norway |
| Title | : | Aid scheme for short sea shipping |
| Legal basis | : | The Norwegian Parliament decides on the scope of the aid scheme in its annual decisions on the state budget. |
| Type of measure | : | Scheme |
| Objective | : | Environmental protection |
| Form of aid | : | Direct grants |
| Budget | : | NOK 60 million annually |
| Intensity | : | Up to 30 % of operational cost |
| Duration | : | First quarter of 2017 to the first quarter of 2022 (5 years) |
| Economic sectors | : | Transport |
| Name and address of the granting authority | : | The Ministry of Transport and Communications/The Norwegian Coastal Administration |
| Other information | : | |

Date of adoption of the decision

:

21 November 2016

Case No

:

79767

Decision No

:

208/16/COL

EFTA State

:

Norway

Title

:

Aid scheme for short sea shipping

Legal basis

:

The Norwegian Parliament decides on the scope of the aid scheme in its annual decisions on the state budget.

Type of measure

:

Scheme

Objective

:

Environmental protection

Form of aid

:

Direct grants

Budget

:

NOK 60 million annually

Intensity

:

Up to 30 % of operational cost

Duration

:

First quarter of 2017 to the first quarter of 2022 (5 years)

Economic sectors

:

Transport

Name and address of the granting authority

:

The Ministry of Transport and Communications/The Norwegian Coastal Administration

Other information

:

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

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| 9.2.2017 | EN | Official Journal of the European Union | C 42/5 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/5

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Notice of the opening of bankruptcy proceedings regarding the assets of Gable Insurance AG, registration number FL-0002.161.375-6

(2017/C 42/05)

At the request of PricewaterhouseCoopers AG, Zürich, the special representative of Gable Insurance AG, Vaduz, bankruptcy proceedings are now open regarding the assets of

| Gable Insurance AG |
| --- |
| Bergstrasse 10 |
| 9490 Vaduz |
| LIECHTENSTEIN |
| FL-0002.161.375-6 |

Gable Insurance AG

Bergstrasse 10

9490 Vaduz

LIECHTENSTEIN

FL-0002.161.375-6

by decision of the Princely Court of Justice (Fürstliche Landgericht) of 17 November 2016.

The court with jurisdiction in these bankruptcy proceedings is the Princely Court of Justice (Fürstliche Landgericht, Abteilung 05, Spaniagasse 1, 9490 Vaduz/Liechtenstein). The reference number for these bankruptcy proceedings is 05 K0.2016.672.

The bankruptcy administrator under Article 4 KO (Konkursordnung, Insolvency Code) is Batliner Wanger Batliner Rechtsanwälte AG (Am Schrägen Weg 2, 9490 Vaduz). All communication with the bankruptcy administrator shall be through the email address gable@bwb.li

Any person whose rights are affected by the opening of bankruptcy proceedings may contest these proceedings, but an appeal against the decision to open bankruptcy proceedings shall not have any suspensory effect (Article 10 KO (Konkursordnung, Insolvency Code)). The applicable law is Liechtenstein law.

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ANNEX

NOTICE OPENING BANKRUPTCY PROCEEDINGS

At the request of PricewaterhouseCoopers AG, Zürich, the special representative of Gable Insurance AG, Vaduz, bankruptcy proceedings are now open regarding the assets of

| Gable Insurance AG |
| --- |
| Bergstrasse 10 |
| 9490 Vaduz |
| LIECHTENSTEIN |
| FL-0002.161.375-6 |

Gable Insurance AG

Bergstrasse 10

9490 Vaduz

LIECHTENSTEIN

FL-0002.161.375-6

by decision of the Princely Court of Justice (Fürstliche Landgericht) of 17 November 2016.

| 1) | The legal effects of opening bankruptcy proceedings shall be produced on 19 November 2016, i.e. one day after the publication of the notice opening bankruptcy proceedings in the Principality of Liechtenstein’s Gazette (on 18 November 2016), in all EEA contracting States and in Switzerland.
  The bankruptcy proceedings extend to all assets held in EEA contracting States and Switzerland by Gable Insurance AG, Vaduz, Registration Number FL-0002.161.375-6. |
| --- | --- |

1)

The legal effects of opening bankruptcy proceedings shall be produced on 19 November 2016, i.e. one day after the publication of the notice opening bankruptcy proceedings in the Principality of Liechtenstein’s Gazette (on 18 November 2016), in all EEA contracting States and in Switzerland.

The bankruptcy proceedings extend to all assets held in EEA contracting States and Switzerland by Gable Insurance AG, Vaduz, Registration Number FL-0002.161.375-6.

| 2) | Batliner Wanger Batliner Rechtsanwälte AG (Am Schrägen Weg 2, 9490 Vaduz) is appointed as bankruptcy administrator. All communication with the bankruptcy administrator shall be through the dedicated email address: gable@bwb.li |
| --- | --- |

2)

Batliner Wanger Batliner Rechtsanwälte AG (Am Schrägen Weg 2, 9490 Vaduz) is appointed as bankruptcy administrator. All communication with the bankruptcy administrator shall be through the dedicated email address: gable@bwb.li

| 3) | All creditors of Gable Insurance AG are asked to register their claims, citing the legal basis and category (debt categories 1–4) of each claim, by 1 September 2017 at the latest with the bankruptcy administrator, including the exact amount of each claim and any applicable interest, as well as providing proof to establish their claims.
  Creditors that register their claims later than the above date shall have to bear any extra costs incurred and shall not be able to contest any claims already established. |
| --- | --- |

3)

All creditors of Gable Insurance AG are asked to register their claims, citing the legal basis and category (debt categories 1–4) of each claim, by 1 September 2017 at the latest with the bankruptcy administrator, including the exact amount of each claim and any applicable interest, as well as providing proof to establish their claims.

Creditors that register their claims later than the above date shall have to bear any extra costs incurred and shall not be able to contest any claims already established.

| 4) | The general examination hearing is scheduled for Wednesday, 6 December 2017, 9.00 a.m., in courtroom 6, at the Princely Court of Justice (Spaniagasse 1, 9490 Vaduz).
  All creditors are asked to bring the proof establishing their claims with them to this hearing if this proof has not already been included in the registration of their claims. |
| --- | --- |

4)

The general examination hearing is scheduled for Wednesday, 6 December 2017, 9.00 a.m., in courtroom 6, at the Princely Court of Justice (Spaniagasse 1, 9490 Vaduz).

All creditors are asked to bring the proof establishing their claims with them to this hearing if this proof has not already been included in the registration of their claims.

| 5) | All creditors that do not have an address in Liechtenstein are asked to provide the court, within eight weeks, with the name of a representative for documents served (i.e. any natural or legal person, or partnership, with an address in Liechtenstein empowered to receive documents on their behalf). It should be noted that if a representative is not named within the time prescribed, any documents for service shall not be served, rather they shall be deposited with the court (Articles 9, 12 and 25 ZustG (Zustellgesetz, Service of Documents Act)). |
| --- | --- |

5)

All creditors that do not have an address in Liechtenstein are asked to provide the court, within eight weeks, with the name of a representative for documents served (i.e. any natural or legal person, or partnership, with an address in Liechtenstein empowered to receive documents on their behalf). It should be noted that if a representative is not named within the time prescribed, any documents for service shall not be served, rather they shall be deposited with the court (Articles 9, 12 and 25 ZustG (Zustellgesetz, Service of Documents Act)).

| 6) | Any further notices regarding these bankruptcy proceedings shall be published on the website of the Princely Court of Justice (www.gerichte.li).
  The court orders publication of the notice of bankruptcy proceedings in the Official Journal of the European Union and shall provide the EFTA Secretariat in Brussels with all necessary information. |
| --- | --- |

6)

Any further notices regarding these bankruptcy proceedings shall be published on the website of the Princely Court of Justice (www.gerichte.li).

The court orders publication of the notice of bankruptcy proceedings in the Official Journal of the European Union and shall provide the EFTA Secretariat in Brussels with all necessary information.

| 7) | The Liechtenstein Financial Market Authority shall be informed of the opening of bankruptcy proceedings and its effects under Article 154 VersAG (Versicherungsaufsichtsgesetz, Insurance Supervision Act) by the Princely Court of Justice and shall be asked to immediately inform the supervisory bodies of the other EEA contracting States of the opening of bankruptcy proceedings and its effects. |
| --- | --- |

7)

The Liechtenstein Financial Market Authority shall be informed of the opening of bankruptcy proceedings and its effects under Article 154 VersAG (Versicherungsaufsichtsgesetz, Insurance Supervision Act) by the Princely Court of Justice and shall be asked to immediately inform the supervisory bodies of the other EEA contracting States of the opening of bankruptcy proceedings and its effects.

| 8) | The opening of bankruptcy proceedings shall be recorded in the cadastral documents of the debtor, as well as in Liechtenstein’s public register, attachment register and in all intellectual property rights registers, with a reference to the date of the opening of bankruptcy proceedings.
  Orders regarding the letters, deposit accounts, cash assets, etc. of the debtor may only be enforced with the consent of the bankruptcy administrator. |
| --- | --- |

8)

The opening of bankruptcy proceedings shall be recorded in the cadastral documents of the debtor, as well as in Liechtenstein’s public register, attachment register and in all intellectual property rights registers, with a reference to the date of the opening of bankruptcy proceedings.

Orders regarding the letters, deposit accounts, cash assets, etc. of the debtor may only be enforced with the consent of the bankruptcy administrator.

| 9) | The applicable law is Liechtenstein law. |
| --- | --- |

9)

The applicable law is Liechtenstein law.

Princely Court of Justice

Vaduz, 17.11.2016

Mag. iur. Martina SCHÖPF-HERBERSTEIN

Judge of the Princely Court of Justice

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 9.2.2017 | EN | Official Journal of the European Union | C 42/8 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/8

---

Prior notification of a concentration

(Case M.8349 — KKR/The GfK Verein/GfK)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 42/06)

| 1. | On 2 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKR & Co. L.P. (“KKR”, United States of America) and GfK-Nürnberg Gesellschaft für Konsum-, Markt- und Absatzforschung e.V (“The GfK Verein”, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of GfK SE (“GfK”, Germany) by way of public bid announced on 21 December 2016. |
| --- | --- |

1.

On 2 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKR & Co. L.P. (“KKR”, United States of America) and GfK-Nürnberg Gesellschaft für Konsum-, Markt- und Absatzforschung e.V (“The GfK Verein”, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of GfK SE (“GfK”, Germany) by way of public bid announced on 21 December 2016.

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






  — | KKR is a global investment firm which offers a broad range of alternative asset management services to public and private market investors and provides capital markets solutions for the firm, its portfolio companies and clients; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

KKR is a global investment firm which offers a broad range of alternative asset management services to public and private market investors and provides capital markets solutions for the firm, its portfolio companies and clients;

| — | The GfK Verein is a non-profit organization whose activities are carrying out fundamental research, close cooperation with scientific institutions, particularly with the Friedrich-Alexander University of Erlangen- Nuernberg, maintaining a library and the training of market researchers and the continued training of leadership personnel. |
| --- | --- |

—

The GfK Verein is a non-profit organization whose activities are carrying out fundamental research, close cooperation with scientific institutions, particularly with the Friedrich-Alexander University of Erlangen- Nuernberg, maintaining a library and the training of market researchers and the continued training of leadership personnel.

| — | GfK is a global market research company, listed on the Frankfurt Stock Exchange. The GfK Verein is its largest shareholder. |
| --- | --- |

—

GfK is a global market research company, listed on the Frankfurt Stock Exchange. The GfK Verein is its largest shareholder.

| 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. |
| --- | --- |

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.

| 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 M.8349 — KKR/The GfK Verein/GfK, to the following address:





  European Commission |
| --- | --- |
| 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 M.8349 — KKR/The GfK Verein/GfK, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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| 9.2.2017 | EN | Official Journal of the European Union | C 42/9 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/9

---

Prior notification of a concentration

(Case M.8223 — Micro Focus/HPE Software Business)

(Text with EEA relevance)

(2017/C 42/07)

| 1. | On 1 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Micro Focus of the United Kingdom acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the software business of Hewlett Packard Enterprise Company (“HPE”, United States). The proposed transaction will ultimately be effected by merging a subsidiary of Micro Focus with and into a newly formed subsidiary of HPE, which will hold the software business of HPE. Furthermore, Micro Focus (through its subsidiary SUSE LLC “SUSE”) and HPE have entered into an understanding pursuant to which HPE will transfer to Micro Focus certain assets related to HPE's “Helion OpenStack” and “Stackato products”. |
| --- | --- |

1.

On 1 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Micro Focus of the United Kingdom acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the software business of Hewlett Packard Enterprise Company (“HPE”, United States). The proposed transaction will ultimately be effected by merging a subsidiary of Micro Focus with and into a newly formed subsidiary of HPE, which will hold the software business of HPE. Furthermore, Micro Focus (through its subsidiary SUSE LLC “SUSE”) and HPE have entered into an understanding pursuant to which HPE will transfer to Micro Focus certain assets related to HPE's “Helion OpenStack” and “Stackato products”.

| 2. | The business activities of the undertakings concerned are:
  —   for Micro Focus: COBOL (a programming language) development and mainframe solutions, identity access and security solutions, development and IT operations management tools, host connectivity solutions, collaboration and networking solutions and SUSE, an open source operating system.
  —   for the software business of HPE: development of enterprise software products, including software for business service management, application lifecycle management, mobile application testing, big data analytics, service and portfolio management, automation and orchestration, and enterprise security. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Micro Focus: COBOL (a programming language) development and mainframe solutions, identity access and security solutions, development and IT operations management tools, host connectivity solutions, collaboration and networking solutions and SUSE, an open source operating system.

—   for the software business of HPE: development of enterprise software products, including software for business service management, application lifecycle management, mobile application testing, big data analytics, service and portfolio management, automation and orchestration, and enterprise security.

| 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. |
| --- | --- |

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.

| 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 M.8223 — Micro Focus/HPE Software Business, to the following address:





  European Commission |
| --- | --- |
| 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 M.8223 — Micro Focus/HPE Software Business, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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| 9.2.2017 | EN | Official Journal of the European Union | C 42/10 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/10

---

Prior notification of a concentration

(Case M.8305 — Rockwell Collins/B/E Aerospace)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 42/08)

| 1. | On 2 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Rockwell Collins (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking B/E Aerospace (USA) by way of a purchase of shares. |
| --- | --- |

1.

On 2 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Rockwell Collins (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking B/E Aerospace (USA) by way of a purchase of shares.

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






  — | Rockwell Collins is a manufacturer and supplier of aviation and integrated solutions for both commercial and government applications. Its principal products include flight deck avionics, cabin electronics, mission communications, simulation and training, and information management for commercial airliners and business jets, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Rockwell Collins is a manufacturer and supplier of aviation and integrated solutions for both commercial and government applications. Its principal products include flight deck avionics, cabin electronics, mission communications, simulation and training, and information management for commercial airliners and business jets,

| — | B/E Aerospace is a manufacturer and supplier of aircraft cabin interior products, including aircraft cabin seating, lighting systems, oxygen systems, food and beverage preparation and storage equipment, galley systems, and modular lavatory systems. |
| --- | --- |

—

B/E Aerospace is a manufacturer and supplier of aircraft cabin interior products, including aircraft cabin seating, lighting systems, oxygen systems, food and beverage preparation and storage equipment, galley systems, and modular lavatory systems.

| 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 this Notice. |
| --- | --- |

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 this Notice.

| 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 M.8305 — Rockwell Collins/B/E Aerospace, to the following address:





  European Commission |
| --- | --- |
| 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 M.8305 — Rockwell Collins/B/E Aerospace, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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| 9.2.2017 | EN | Official Journal of the European Union | C 42/11 |
| --- | --- | --- | --- |

9.2.2017

EN

Official Journal of the European Union

C 42/11

---

Prior notification of a concentration

(Case M.8368 — KKCG/Foxconn Technology/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 42/09)

| 1. | On 31 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKCG Group (Switzerland), ultimately controlled by the Valea Foundation (Liechtenstein), and Foxconn Technology CZ s.r.o. (Czech Republic, Foxconn Technology), ultimately controlled by Hon Hai Precision Industry Co., Ltd (Taiwan, Hon Hai), acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the NewCo (Czech Republic) by way of a purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 31 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings KKCG Group (Switzerland), ultimately controlled by the Valea Foundation (Liechtenstein), and Foxconn Technology CZ s.r.o. (Czech Republic, Foxconn Technology), ultimately controlled by Hon Hai Precision Industry Co., Ltd (Taiwan, Hon Hai), acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the NewCo (Czech Republic) by way of a purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are as follows:
  —   KKCG Group: strategic investments in various fields, in particular in oil and gas, gaming and entertainment, tourism and the machining industry mainly in Europe,
  —   Foxconn Technology: part of Hon Hai, active globally in design, development, manufacturing, assembly and after-sales services for computer, communications and consumer electronics companies,
  —   The NewCo: private equity investment primarily in technology companies in the EEA. |
| --- | --- |

2.

The business activities of the undertakings concerned are as follows:

—   KKCG Group: strategic investments in various fields, in particular in oil and gas, gaming and entertainment, tourism and the machining industry mainly in Europe,

—   Foxconn Technology: part of Hon Hai, active globally in design, development, manufacturing, assembly and after-sales services for computer, communications and consumer electronics companies,

—   The NewCo: private equity investment primarily in technology companies in the EEA.

| 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 this Notice. |
| --- | --- |

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 this Notice.

| 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 M.8368 — KKCG/Foxconn Technology/JV, to the following address:





  European Commission |
| --- | --- |
| 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 M.8368 — KKCG/Foxconn Technology/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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