# C_2010119EN.01001001.xml

| 7.5.2010 | EN | Official Journal of the European Union | C 119/10 |
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7.5.2010

EN

Official Journal of the European Union

C 119/10

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Prior notification of a concentration

(Case COMP/M.5807 — ENI/Fox Energy)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 119/05

| 1. | On 29 April 2010, 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 enirete oil & nonoil S.p.A. (‘Enirete’, Italy) belonging to Eni S.p.A. (‘ENI’, Italy) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fox Energy S.p.A. (‘Fox Energy’, Italy), previously jointly controlled by Enirete together with Fox Petroli S.p.A. and Mariani & C. S.r.l., by way of purchase of shares. |
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1.

On 29 April 2010, 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 enirete oil & nonoil S.p.A. (‘Enirete’, Italy) belonging to Eni S.p.A. (‘ENI’, Italy) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fox Energy S.p.A. (‘Fox Energy’, Italy), previously jointly controlled by Enirete together with Fox Petroli S.p.A. and Mariani & C. S.r.l., by way of purchase of shares.

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






  — | for Enirete: retail sales of petroleum products and lubricants in Italy, |
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2.

The business activities of the undertakings concerned are:

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for Enirete: retail sales of petroleum products and lubricants in Italy,

| — | for ENI: a vertically integrated energy company, |
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for ENI: a vertically integrated energy company,

| — | for Fox Energy: non-retail sales of petroleum products and lubricants in central Italy. |
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for Fox Energy: non-retail sales of petroleum products and lubricants in central Italy.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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 EC 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 EC Merger Regulation (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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5807 — ENI/Fox Energy, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 COMP/M.5807 — ENI/Fox Energy, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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