# C_2011162EN.01000801.xml

| 1.6.2011 | EN | Official Journal of the European Union | C 162/8 |
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1.6.2011

EN

Official Journal of the European Union

C 162/8

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Prior notification of a concentration

(Case COMP/M.6167 — RWA/OMV Wärme)

(Text with EEA relevance)

2011/C 162/04

| 1. | On 23 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which RWA Raiffeisen Ware Austria AG (‘RWA’, Austria) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of OMV Wärme VertriebsgmbH (‘OMV Wärme’, Austria) by way of purchase of shares. Currently, OMV Wärme is 100 % owned by OMV Refining & Marketing GmbH (‘OMV R&M’, Austria), a wholly-owned subsidiary of OMV AG. After the transaction, RWA will hold 51 %, ‘Unser Lagerhaus’ Warenhandelsgesellschaft m.b.H. 27 % and BayWa Vorarlberg HandelsGmbH 11 % of the shares in OMV Wärme. OMV R & M will retain an 11 % minority stake as financial stakeholder. |
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1.

On 23 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which RWA Raiffeisen Ware Austria AG (‘RWA’, Austria) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of OMV Wärme VertriebsgmbH (‘OMV Wärme’, Austria) by way of purchase of shares. Currently, OMV Wärme is 100 % owned by OMV Refining & Marketing GmbH (‘OMV R&M’, Austria), a wholly-owned subsidiary of OMV AG. After the transaction, RWA will hold 51 %, ‘Unser Lagerhaus’ Warenhandelsgesellschaft m.b.H. 27 % and BayWa Vorarlberg HandelsGmbH 11 % of the shares in OMV Wärme. OMV R & M will retain an 11 % minority stake as financial stakeholder.

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






  — | for RWA: purchase and sale of agricultural products, technical equipment, energy, building materials, gardening products and services, |
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2.

The business activities of the undertakings concerned are:

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for RWA: purchase and sale of agricultural products, technical equipment, energy, building materials, gardening products and services,

| — | for OMV Wärme: distribution of mineral oil products in Austria. |
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for OMV Wärme: distribution of mineral oil products in Austria.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6167 — RWA/OMV Wärme, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6167 — RWA/OMV Wärme, 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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