ddrg/super_eurlex huggingface dataset:
|EUROPEAN COMMISSION |

Brussels , 01/02/2011

SG-Greffe(2011) D/1700

PUBLIC VERSION C(2011) 673 Final

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6099- APAX/ TAKKO Notification of 22/12/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 006, 11.01.2011 p.19

1. On 22/12/2010 the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Apax Partners LLP ("AP", UK), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Takko Holding Gmbh ("Takko", Germany) by way of purchase of shares.

The business activities of the undertakings concerned are:

- for AP : adviser to private funds;

- for Takko : retail sale of fashion apparel and related accessories.

2. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] .

3. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (Signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 14.2.2011

SG-Greffe(2011) D/2226, 2227

C(2011) 1014 final

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6073 - DAIMLER/ BEIQI FOTON MOTOR CO/ BEIJING FOTON DAIMLER AUTOMOTIVE CO Notification of 12.021.2011 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C22, 22.01.2011, p.20

1. On 12.01.2011 the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Daimler AG ("Daimler", Germany) and Beiqi Foton Motor Co. Ltd. ("Foton", China), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Beijing Foton Daimler Automotive Co. Ltd. ("BFDA") by way of purchase of shares in a newly created company constituting a joint venture.

2. The business activities of the undertakings concerned are:

- For Daimler: development, manufacture and distribution of automobiles (cars, trucks, vans, buses and commercial vehicles); provision of automotive financial services including financing, leasing, insurance and fleet management,

- For Foton: development, manufacture and distribution of commercial vehicles,

- For BFDA: development, manufacture and distribution of medium-duty and heavy-duty trucks in China,

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 1.6.2011

C(2011) 4119 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6188 – VITOL / HELIOS / SHELL/ PLATEAU HOLDING/BV3 Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

(1) On 04.05.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Vitol Holding B.V. ("Vitol", the Netherlands), Helios Investments Partners LLP ("Helios", England and Wales) and Royal Dutch Shell plc ("Shell", England and Wales) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint-control over Plateau Holding B.V. ("Plateau", the Netherlands) and over BV3 ("BV3", the Netherlands) [2] .

(2) The business activities of the undertakings concerned are:

- for Vitol: independent trader of various commodities (crude oil, oil products, LNG, natural gas, coal, power and carbon emissions) and financial instruments relating in particular to the oil and gas sector.

- for Helios: African-focused private investments firm active in equity investment.

- for Shell: worldwide exploration, production and sale of oil and natural gas, the production and sale of oil products and chemicals, power generation and the production of energy from renewable resources.

- for Plateau: investment holding which holds, following the transaction, Shell's current downstream gas, oil and petroleum products distribution business in 14 African countries.

- for BV3: a joint-venture set up in the future which holds, following the transaction, Shell's current lubricants production business and wholesale lubricants distribution in seven African countries.

(3) After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a), 5 (c)i and 5 (c)ii of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

(4) For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission

(signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] Publication in the Official Journal of the European Union No C 142, 13.05.2011, p. 42.

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 31.5.2011

C(2011) 3946 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6246 - OJSC NOVOLIPETSK STEEL / STEEL INVEST & FINANCE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 28/04/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which by which OJSC Novolipetsk Steel (“NLMK”, Russia) acquires sole control within the meaning of Article 3(1)(b) of Steel Invest & Finance (Luxembourg) S.A. (“SIF”, Luxembourg) by way of purchase of shares. SIF is presently under the indirect joint control of NLMK and Duferco Participations Holding Limited (Duferco). Concurrently with (or shortly following) the completion of the Transaction, certain businesses presently directly or indirectly controlled by SIF will be spun-off by the SIF group and will be transferred to [Duferco]*. The Spin-Off Businesses are: Carsid S.A., and the following assets and activities of Duferco La Louvière S.A. and its affiliates: the electric arc furnace and wire rod mill located at the company’s site at La Louvière, Belgium and the wire drawing line situated at the company’s site at Tildonk, Belgium [2] .

2. The business activities of the undertakings concerned are:

· NLMK: carbon steel semi-finished and finished flat products, carbon steel semi-finished and finished long products and electrical steel products;

· SIF: carbon steel semi-finished and finished flat products

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c)i/(c)ii/(d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission

(signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.*Should read: "Duferco Industrial Investment S.A. or its designee".

[2] Publication in the Official Journal of the European Union No C 138, 07/05/2011, p.26.

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 6.6.2011

C(2011) 4148 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties: |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6195- HOLCIM/ BASALT/ H + B GRONDSTOFFEN JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 3 May 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [2] by which the undertakings Holcim Grondstoffen B.V. ('Holcim', the Netherlands), controlled by the Holcim Group (Switzerland), and Basalt Union GmbH ('Basalt', Germany) belonging to the Werhahn group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking H+B Grondstoffen C.V. ('the JV', the Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.

2. The business activities of the undertakings concerned are:

- for Holcim: trading of aggregates in the Netherlands. The Holcim Group is active in the manufacturing and distribution of cement, production, processing and distribution of aggregates, ready-mixed concrete, pre-cast concrete products and asphalt.

- for Basalt: trading of aggregates in the Netherlands. The Werhahn group is active in various sectors including production of aggregates, asphalt and construction materials, slate extraction and sales, baking products, kitchenware and beauty segments, real estate and finance.

- for the JV: trading of aggregates in the Netherlands [3] .

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [4] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (signed)

Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] OJ L 24, 29.1.2004, p. 1 (the "Merger Regulation")

[3] Publication in the Official Journal of the European Union No C 141, 12.05.2011, p.14

[4] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 5.7.2011

C(2011) 4985 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

|To the notifying parties: |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6282 - ERG/ LUKOIL/ JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 07/06/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by whichthe undertakings ERG Renew (ERG Renew, Italy), a company belonging to the ERG Group and OOO Lukoil-Ecoenergo (Lukoil Ecoenergo, Russian Federation), a company belonging to the Lukoil Group, acquire within the meaning of Article 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture ("JV CO"), by way of purchase of shares. [2] .

2. The business activities of the undertakings concerned are:

- ERG Renew: generation and wholesale supply of electricity from renewable sources, mainly in the wind sector;

- Lukoil Ecoenergo: active in the renewable energy sector,

- JV: generation and wholesale supply of electricity form renewable sources in Romania, Bulgaria, Ukraina and Russia.

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] Publication in the Official Journal of the European Union No C 177, 17/06/2011, p.31

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 02.08.2011

C(2011) )5712

PUBLIC VERSION |

|

SIMPLIFIED MERGER PROCEDURE |

|To the notifying party |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6297 – SEALED AIR / DHI Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 30.06.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Sealed Air Corporation (‘Sealed Air’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Diversey Holdings Inc. (‘DHI’, USA) by way of purchase of securities.

2. The business activities of the undertakings concerned are:

− for undertaking Sealed Air: mainly active in the supply of a wide range of packaging and performance based materials and equipment systems that serve an array of food, industrial, medical and consumer applications,

− for undertaking DHI: mainly active in the supply of cleaning, hygiene and sanitising products, equipment and related services [2] .

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 (b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission

(signed)

Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] Publication in the Official Journal of the European Union No C 200, 08.07.2011, p.13.

[3] OJ C 56, 5.3.2005, p. 32 ("Note on a simplified procedure").
|EUROPEAN COMMISSION |

Brussels , 27.10.2011

C(2011)7883

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6356 - GE/ IR/ UEC/ JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 30.09.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which General Electric Company ("GE", USA), INTER RAO UES ("IR", Russian Federation), and United Engine Corporation ("UEC", Russian Federation) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of a newly created joint venture (JV, Russian Federation), by way of a purchase of shares [2] .

2. The business activities of the undertakings concerned are:

- for the joint venture: manufacturing, marketing and selling heavy duty gas turbine generator units, primarily in the Russian Federation.

- for GE: a global diversified manufacturing, technology and services company. GE Energy, the relevant GE business unit involved in the proposed concentration, supplies power generation and energy delivery technologies in a number of areas in the energy industry including coal, oil, natural gas and nuclear energy, as well as with renewable resources such as water, wind, solar and alternative fuels.

- for IR: producing, selling and trading electric energy in the Russian Federation, other countries of the Commonwealth of Independent States (specifically Armenia, Moldova, Kazakhstan, Belarus and Ukraine), Georgia, China, Mongolia, Turkey, Finland, Lithuania, Latvia and Romania.

- for UEC: producing engines for military and civil aviation, equipment of various strengths for generating electric and heat energy, gas pumping systems and marine gas turbine units.

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (Signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] Publication in the Official Journal of the European Union No C JO C 297 of 8.10.2011, p.8

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 03/11/2011

C(2011)8044 PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6368 - TPG/ FOURNAIS HOLDING/ LARS SEIER CHRISTENSEN HOLDING/ SAXO BANK Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 27 September 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings TPG VI Saxo AIV, L.P. ("TPG", UK) and Lars Seier Christensen Holding A/S and Fournais Holding A/S (together the “Founders”, DK) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Saxo Bank A/S ("Saxo Bank", DK) by way of purchase of shares

2. The business activities of the undertakings concerned are:

- TPG: a member of the TPG Group, a global private investment firm that manages a family of funds that invest in a variety of companies through acquisitions and corporate restructurings.

- Founders: The main activity of the Founders is to own, manage and trade in securities.

- Saxo Bank: an online Danish investment bank specializing in online trading and investment [2] .

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] Publication in the Official Journal of the European Union No C 297, 08.10.2011, p.10.

[3] OJ C 56, 5.3.2005, p. 32.