ddrg/super_eurlex huggingface dataset:
EUROPEAN COMMISSION

C(2018) 1268 final



PUBLIC VERSION











To the notifying parties

Subject:Case M.8803 - MICHELIN / SUMITOMO / JV

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 1 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Michelin North America Inc. (‘MNAI’, United States), controlled by Michelin Group (France), and Sumitomo Corporation of Americas (‘SCOA’, United States), controlled by Sumitomo Corporation (Japan), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture. The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture (the ‘JV’).

2.The business activities of the undertakings concerned are:

-MNAI manufactures and sells tyres for a wide range of vehicles (including passenger cars and light trucks; heavy duty trucks; recreational vehicles; earthmoving vehicles; agricultural vehicles; aircrafts; motorcycles and bikes) in the United States, Canada and Mexico. MNAI is part of the Michelin group which is active globally.

-SCOA engages in tubular product, steel and non-ferrous metal, machinery and power, chemicals and electronics, lifestyle-related products, and mineral resources and energy businesses. SCOA is controlled by the Sumitomo Corporation which is active globally.

-The JV will be the combination of MNAI’s and SCOA’s distribution businesses and will mainly be active in the United States and Mexico. The JV will have some minor distribution activities in the EEA.

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.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 and Article 57 of the EEA Agreement.

For the Commission

(Signed)

Johannes LAITENBERGER

Director-General
EUROPEAN COMMISSION

C(2018) 1356 final

To the notifying parties:

Subject:Case M.8726 - ONEY / 4FINANCE / JV

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 5 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Oney Bank S.A. (France), controlled by Auchan Holding (France), and 4finance Holding S.A. (Luxembourg), controlled by Tirona Limited (Cyprus), acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of Finey S.A., a newly created company constituting a joint venture. The concentration is accomplished by way of a purchase of shares.

2.The business activities of the undertakings concerned are:

-Oney provides credit services for purchases made in shops owned by Auchan Holding, its subsidiaries or other commercial partners.

-4finance offers personal loans online, via call centres and through third-party credit distributors.

-Finey, the join venture, will offer unsecured cash loans to customers in Poland.

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) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 and Article 57 of the EEA Agreement.

For the Commission



(Signed)

Johannes LAITENBERGER

Director-General
EUROPEAN COMMISSION

C(2018) 1678 final

PUBLIC VERSION

To the notifying parties

Subject:Case M.8728 - DIAMOND TRANSMISSION CORPORATION / INFRARED CAPITAL PARTNERS / JV

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 21 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Diamond Transmission Corporation Limited ("DTC", United Kingdom), controlled by Mitsubishi Corporation ("MC", Japan), and Infrared Capital Partners Limited ("IRCP", United Kingdom), controlled by InfraRed Capital Partners (Management) LLP (United Kingdom), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Diamond Transmission Partners BBE (Holding) Limited ("Target", United Kingdom), currently solely controlled by DTC, by way of purchase of shares.

2.The business activities of the undertakings concerned are:

– for DTC: a holding company that integrates MC's investment activities in the electricity transmission sector,

– for IRCP: an infrastructure investment management company active in financial advice and managing investments on behalf of investment funds,

– for the Target: Offshore Transmission Owner for the Burbo Bank Extension offshore windfarm active in the transmission of electricity from this windfarm to the UK's onshore National Electricity Transmission System.

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.

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 and Article 57 of the EEA Agreement.

For the Commission



(Signed)



Johannes LAITENBERGER

Director-General
EUROPEAN COMMISSION

C(2018) 1932 final

PUBLIC VERSION





To the notifying parties

Subject:Case M.8742 - IBM / MAERSK / GTD JV

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 28 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings International Business Machines Corporation (‘IBM’, USA) and A.P. Møller Mærsk A/S (‘Maersk’, Denmark) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture, GTD Operations LLC (the ‘JV’, USA), by way of purchase of shares.

2.The business activities of the undertakings concerned are:

— for IBM: multinational corporation active worldwide in the development, production, and marketing of a wide variety of information technology (‘IT’) solutions, comprising software, systems (such as servers and storage systems), and services (such as business consulting and IT infrastructure services),

— for Maersk: international group with activities in container shipping, terminal services, harbour towage, logistics, and a separate energy division (in particular exploitation of oil and gas, drilling, and operation of tankers),

— for the JV: development and commercialisation of a trade digitization solution for the global shipping supply chain which will provide end to end shipment visibility and document management for global trade.

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 paragraphs 5(a) and 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 and Article 57 of the EEA Agreement.

For the Commission

(Signed)
EUROPEAN COMMISSION

C(2018) 2168 final





To the Notifying Parties

Subject:Case M.8848 – CATHAY CAPITAL PRIVATE EQUITY / EQUISTONE PARTNERS EUROPE / E WINKEMANN

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 12 March 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Cathay Capital Private Equity SAS ("CCPE") (France) and Equistone Partners Europe Ltd ("Equistone") (UK) acquire, within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation, joint control over the whole of E. Winkemann GmbH ("Winkemann") (Germany) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

– CCPE is an independent investment firm which manages various investment funds in industries including consumer/service, digital/media, healthcare, industrials and software;

– Equistone is an independent investment firm which manages various investment funds in various industries, primarily in consumer and travel, financial services, specialist engineering and support services;

– Winkemann is a manufacturer and supplier of precision stamped metal parts for the automobile, automobile supply and electrical industries.

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.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 and Article 57 of the EEA Agreement.

For the Commission



(Signed)

Johannes LAITENBERGER

Director-General
EUROPEAN COMMISSION

C(2018) 2078 final

PUBLIC VERSION

To the Notifying Party

Subject:Case M.8834 - Brookfield / Saeta

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 7 March 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking TERP Spanish HoldCo S.L. ("TERP", Spain) controlled by Brookfield Asset Management Inc. ("Brookfield Group", Canada) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Saeta Yield, S.A. ("Saeta", Spain) ), currently controlled by Cobra Concessiones S.L. ("Cobra", Spain), GIP II Helios, S.à.rl. ("GIP", Luxembourg), Mutuactivos S.A.U., S.G.I.I.C. ("Mutuactivos", Spain) and Sinergia Advisors 2006, A.V., S.A. ("Sinergia", Spain), by way of public bid.

2.The business activities of the undertakings concerned are:

-For Brookfield: global asset management group focused on investing in real estate, infrastructure, renewable power and private equity. Within its energy portfolio, the Brookfield Group operates a diversified portfolio of assets that generate electricity from renewable sources, which consist of hydroelectric and wind power facilities in North America, Colombia, Brazil, Uruguay and Europe,

-For Saeta: active in the generation and wholesale supply of renewable energy. Its facilities comprise a number of wind farms and solar thermal plants in Spain. They also include wind portfolios in Portugal and Uruguay.

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) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 and Article 57 of the EEA Agreement.

For the Commission



(Signed)

Johannes LAITENBERGER

Director-General
EUROPEAN COMMISSION

C(2018) 2649 final

.



To the notifying parties



Subject:Case M.8859 - VIOHALCO / KORAMIC / JV

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 28 March 2018, the European Commission received a notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which ElvalHalcor S.A. (Greece), controlled by Viohalco S.A. (Belgium) and NedZink B.V. (Netherlands), currently controlled by Koramic Holding N.V. (Belgium) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of NedZink B.V.

2.The business activities of the undertakings concerned are:

- for Viohalco S.A. : manufacturing and sale of products, including copper, aluminium and steel for the construction industry, in particular copper elements for roofing and rainwater systems; aluminium elements for roofing systems, facades and rainwater systems steel sandwich panels;

- for Koramic Holding N.V. : investment in industrial and commercial companies, real estate investment and development, private equity and treasury activities, in particular production of rolled zinc products for roofing systems and rainwater systems; zinc production activities are mainly conducted through NedZink B.V.

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) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 and Article 57 of the EEA Agreement.

For the Commission

(Signed)

Johannes LAITENBERGER

Director-General
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERG ER REGISTRY, 1049 Brussel,  BELGIË 
 Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION 
Brussels, 7.6.2018 
C(2018) 3773 final 
 
 
To the notifying parties 
Subject: Case M.8935 – GOLDMAN SACHS / ANTIN INFRASTRUCTURE 
PARTNERS / CITYFIBRE INFRASTRUCTURE HOLDINGS  
Commission decision pursuant to Articl e 6(1)(b) of Council Regulation (EC) 
No 139/20041 and Article 57 of the Agreemen t on the European Economic Area2  
Dear Sir or Madam, 
1. On 15 May 2018, the European Commission received notifica tion of a proposed 
concentration pursuant to Article 4 of the Merger Regulation by wh ich the undertakings 
Goldman Sachs Group Inc. ('Goldman Sachs', United States) and Antin Infrastructure Partners ('AIP', France) acquire within the meaning of Article 3( 1)(b) of the Merger 
Regulation joint control over the whole of the undertaking Cityfibre Infrastructure 
Holdings ('CityFibre', United Kingdom) by way of a public bid.
3 
2. The business activities of the undertakings concerned are: 
− for Goldman Sachs: global investment banki ng, securities and investment management 
firm that provides a range of banking, securities and investment services; 
− for AIP: private equity firm focused on infr astructure investments, specifically in the 
energy & environment, telecom, transport,  and social infrastructure sectors; 
− for CityFibre: wholesale operator of fibre networks in towns and cities in the UK 
outside London. CitiyFibre is listed on  AIM, the London Stock Exchange’s 
international market for smaller comp anies seeking access to growth capital. 
                                                 
1 OJ L 24, 29.1.2004, p. 1 (the 'Mer ger Regulation'). With effect from  1 December 2009, the Treaty on the 
Functioning of the European Union ('TFEU') has intr oduced certain changes, su ch as the replacement of 
'Community' by 'Union' and 'common market' by 'interna l market'. The terminology of the TFEU will be used 
throughout this decision.  
2  OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement'). 
3  Publication in the Official Journal of the European Union No C 174 , 23.5.2018, p. 18. 
PUBLIC VERSION 
 
2 
 3. After examination of the notification, the Eu ropean Commission ha s 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.
4 
4. For the reasons set out in the Notice on a simp lified procedure, the European Commission 
has decided not to oppose the notified operati on 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 Regulati on and Article 57 of the EEA Agreement. 
For the Commission 
(Signed) 
Johannes LAITENBERGER Director-General 
                                                 
4  OJ C 366, 14.12.2013, p. 5.
EUROPEAN COMMISSION

C(2018) 3899 final

PUBLIC VERSION

To the notifying party:

Subject:Case M.8930 – TUI/Hotelbeds Group destinations services business

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 23 May 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking TUI AG (‘TUI’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the destination management services business of the Hotelbeds Group (‘HBG DM’) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for TUI: integrated leisure tourism group operating in approximately 180 countries through its various subsidiaries,

-for HBG DM: inbound services for destination management to customers engaged in the tourist sector, as well as meetings, incentives, conferences and events services.

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) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 and Article 57 of the EEA Agreement.

For the Commission

(Signed)

Johannes LAITENBERGER

Director-General
EUROPEAN COMMISSION

C(2018) 4389 final

To the notifying parties:

Subject:Case M.8987 - HPS / MDP / HAPS

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 11 June 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which HPS Investment Partners, LLC (USA) ("HPS") and Madison Dearborn Partners, LLC (USA) ("MDP") acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Health and Protection Solutions Limited (United Kingdom) (“HAPS”) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for HPS: a US-based investment firm with a focus on acquisitions and strategic financing or recapitalisation of companies that require financial assistance.

-for MDP: a US-based private equity investment firm.

-for HAPS: a UK provider of private medical, dental and travel insurance and related services to individuals and corporate groups.

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) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 and Article 57 of the EEA Agreement.

For the Commission



(Signed)

Johannes LAITENBERGER

Director-General
EUROPEAN COMMISSION

C(2018) 5371 final

To the notifying party



Subject:Case M.8666 — Uralchem/Uralkali

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.On 6 July 2018, the European Commission received a notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, following a referral pursuant to Article 4(5) thereof, by which Joint Stock Company United Chemical Company Uralchem ('Uralchem', Russia) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Public Joint Stock Company Uralkali ('Uralkali', Russia) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for Uralchem: production and distribution of mineral fertilizers,

-for Uralkali: production and distribution of potash as well as related/derivative potassium salts.

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) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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 and Article 57 of the EEA Agreement.

For the Commission

(Signed)

Johannes LAITENBERGER

Director-General