ddrg/super_eurlex huggingface dataset:
|EUROPEAN COMMISSION |

Brussels, 16.9.2013

C(2013) 6226

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party: | |

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

Subject: Case No COMP/M.6960 – SNCF/ COMSA-EMTE/ CRT Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 16.08.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the SNCF Group ("SNCF", France) and COMSA-EMTE T&L, S.L. ("COMSA-EMTE", Spain), part of the COMSA-EMTE Group (Spain), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of COMSA Rail Transport, S.A.U. ("CRT", Spain) by way of purchase of shares. [2]

2. The business activities of the undertakings concerned are:

- for SNCF : rail passenger transportation (regional and long-distance transport), infrastructure & engineering services in France and other European countries and a full range of freight transport and logistics solutions in Europe and all over the world.

- for COMSA-EMTE : the holding company of the transport division of the COMSA-EMTE Group, a Spanish group active in the infrastructure, construction and technology sectors, as well as systems and engineering, environment and renewable energy services.

- for CRT : subsidiairy of the COMSA-EMTE providing rail freight transport, rail traction, rail freight forwarding and other transport-related services, including shunting and container handling in railway terminals, and rail freight and transport engineering consulting mainly in Spain.

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 [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 C244, 24.08.2013, p. 5.

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

Brussels, 21/10/2013

C(2013) 7099

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties: | |

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

Subject: Case No COMP/M.7033 - NIPPON EXPRESS/ NEC CORPORATION/ NEC LOGISTICS

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 20/09/2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the Japanese undertakings Nippon Express Co., Ltd. ("Nippon Express") and NEC Corporation ("NEC") acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of NEC Logistics, Ltd. ("NEC Logistics", Japan) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- Nippon Express is a global logistics supplier, including domestic and international relocation and transportation of specialised goods and fine art by rail, sea and air;

- NEC provides a broad range of IT products and services to business enterprises, communications service providers and governments;

- NEC Logistics (to be renamed Nittsu NEC Logistics) is currently a wholly owned subsidiary of NEC providing freight forwarding, freight transport, warehousing and storage 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(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 283, 28/09/2013, p42.

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

Brussels, 11.6.2014

C(2014) 4006 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties | |

| |

Dear Sirs,

Subject: Case M.7258 - TTC/ SCHOLZ Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 12.05.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Toyota Tsusho Corporation (“TTC”, Japan) and the Scholz family shareholders intend to acquire within the meaning of Art. 3 (1) (b) of the Merger Regulation Regulation joint control of the undertaking Scholz AG (“Scholz”, Germany) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for TTC : Logistics services for the automotive industry, and trading of metals, machinery, chemicals and other products

- for Scholz family shareholders: Holding shares in Scholz and other companies mainly investing in real estate

- for Scholz: trading and processing of ferrous and non-ferrous scrap and steel. [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(c) 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 150, 17.05.2014, p.11.

[3] OJ C 366, 14.12.2013, p. 5.
EUROPEAN COMMISSION

C(2016) 2733 final

To the notifying parties:

Dear Sirs,

Subject:Case M.7959 - APG / DV4 / QDREIC / 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

1.On 5 April 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings APG Strategic Real Estate Pool ("APG", The Netherlands), DV4 Limited ("DV4", British Virgin Islands), and Qatar Diar Real Estate Investment Company ("QDREIC", Qatar), wholly owned by the Qatar Investment Authority, acquire within the meaning of Article 3(4) of the Merger Regulation joint control over a newly created joint venture active in the real estate sector in Greater London ("JV", United Kingdom) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for APG: depositary for an investment fund whose ultimate beneficial owner is Stichting Pensioenfonds ABP, a pension administration organisation that specialises in the field of collective pensions in the public sector;

-for DV4: real estate investment fund;

-for QDREIC: real estate investment and development company;

-for the JV: ownership, development, management and rental of residential real estate at sites adjacent to the Elephant & Castle rail station and the Olympic Park, in Greater London.

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
EUROPEAN COMMISSION

To the notifying party:

Dear Sir/Madam,

Subject:Case M.7987 – TOWERBROOK CAPITAL PARTNERS / INFOPRO DIGITAL

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

(1)On 13.04.2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which TowerBrook Capital Partners LP ("TowerBrook" or the "Notifying Party") (USA) plans to acquire sole control of Infopro Digital SAS ("Infopro") (France), within the meaning of Article 3(1)(b) of the Merger Regulation (the "Transaction"). TowerBrook and Infopro are collectively referred to as the "Parties".

1.THE PARTIES

(2)TowerBrook is an investment management firm based in Europe and the USA, which focuses on making investments in large and middle market European and North American companies.

(3)Infopro is a French business-to-business information provider to professional communities across six different sectors: automotive, industrial, retail, insurance & finance, construction and local authorities.

2.THE CONCENTRATION

(4)On 15 February 2016, an option was granted by a subsidiary of TowerBrook in the name of and on behalf of an investment vehicle (Taman Holding SAS), to the main direct and indirect securities holders of Infopro pursuant to which Taman Holding SAS has undertaken to enter into a draft share purchase agreement annexed to the option in agreed form, under the terms of which it would purchase all of the securities held by Infopro's security holders.

(5)The founder and CEO of Infopro, as well as some managers, have undertaken to reinvest in Taman Holding SAS according to the investment agreement also signed on 15 February 2016, up to […] of the total equity. TowerBrook will hold the remaining […] of the total equity, and will exercise sole control over Infopro.

(6)The Transaction therefore constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.

3.EU DIMENSION

(7)The undertakings concerned have a combined aggregate world-wide turnover of more than EUR 5 000 million (TowerBrook: […]; Infopro: […]). Each of them has an EU-wide turnover in excess of EUR 250 million (TowerBrook: […]; Infopro: […]), but they do not achieve more than two-thirds of their aggregate EU-wide turnover within one and the same Member State. The notified operation therefore has an EU dimension.

4.RELEVANT MARKETS

(8)There is no horizontal overlap in the Parties' activities, but there are vertical relationships between Infopro and GSE, a portfolio company controlled by TowerBrook. GSE is a French company which designs and builds corporate real estate / construction projects and is therefore within the scope of Infopro's target audiences. Infopro provides advertising space in the professional written press for the construction industry in France. There is therefore a vertical relationship between GSE and Infopro's services.
EUROPEAN COMMISSION

C(2016) 3941 final

To the notifying parties:





Dear Sirs,

Subject:Case M.8057 – CINVEN / CPPIB / HOTELBEDS GROUP

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

1.On 27 May 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the Fifth Cinven Fund, managed by Cinven Capital Management (V) General Partner Limited, which is part of the Cinven group ("Cinven", United Kingdom) and the Canada Pension Plan Investment Board ("CPPIB", Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Hotelbeds Group (Spain) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for Cinven: Cinven is a private equity business engaged in the provision of investment management and investment advisory services to a number of investment funds. The companies in Cinven’s portfolio are active in a wide range of sub-sectors, mainly business services, consumer, financial services, healthcare, industrials, technology, media and telecommunications.

-for CPPIB: is an investment management organization that invests the funds of the Canada Pension Plan (CPP) and is based in Toronto, with offices in Hong Kong, London, Luxembourg, Mumbai, New York City and São Paulo. CPPIB is governed and managed independently from the CPP and at arm’s length from the Canadian Government. CPPIB principally invests in public equities, private equities, real estate, infrastructure and fixed income investments.

-for the Hotelbeds Group: The Hotelbeds Group’s key areas of activity include a bedbank business, i.e. offering hotel rooms to the travel industry. In addition, it provides transfers, excursions and tours, meetings and events, visa outsourcing and cruise handling services. Its brands include Hotelbeds, Bedsonline, Destination Services, Pacific World and Intercruises.

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(2016) 5343 final

To the notifying party:

Dear Sirs,

Subject:Case M.8108 - CVC / SISAL GROUP

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

1.On 15 July 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which CVC Capital Partners SICAV-FIS SA, together with its subsidiaries, and CVC Capital Partners Advisory Group Hoding Foundation and its subsidiary, (the ‘CVC Group’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the Sisal Group S.p.A of Italy, by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for the CVC Group: advice to and management of investments funds, which hold interests in a number of companies, including Sky Bet. Sky Bet is active in the provision of online gaming and betting services to customers in the United Kingdom, Ireland, Finland, Gibraltar, Isle of Man, and the Channel Islands.

-for the Sisal Group: provision of gambling and betting services in Italy.

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(2016) 6562 final

To the notifying parties

Dear Sirs,

Subject:Case M.8195 – BRAMBLES / FR / 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

1.On 13 September 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Brambles Industries Limited (‘Brambles’, Australia) and First Reserve Management L.P. (‘FR’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company (‘Newco’) (United Kingdom) by way of purchase of shares and transfer of assets.

2.The business activities of the undertakings concerned are:

-Brambles is a supply-chain logistic company listed on the Australian Securities Exchange and headquartered in Sydney, Australia.

-FR is a private equity and infrastructure investment firm specialising in the energy industry.

-Newco will be active in the manufacture, renting, selling and servicing of container and mobile assets solutions to a number of industries, in particular, the oil and gas industry. In particular, Newco will combine the following businesses, currently operated by each of Brambles and FR individually: (i) Ferguson, which rents, sells and services specialist containers and other equipment for the international offshore energy sector; (ii) CHEP Catalyst and Chemical Containers, which provides products and services related to the storage and transportation of fresh, pre-sulfided and spent catalyst; and (iii) Hoover, which manufactures, rents, sells and services fluid, dry cargo and waste management container solutions.

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
EUROPEAN COMMISSION

C(2016) 5710 final

To the notifying parties:

Dear Sirs,

Subject:Case M. 8163 - AC / EYSA / 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

1.On 05 August 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Automobiles Citröen SA ("AC", France) belonging to Peugeot SA ("PSA", France) the holding company of the PSA group ("Groupe PSA", France) and Estacionamientos y servicios, S.A.U ("EYSA", Spain) acquire within the meaning of Article 3(4) of the Merger Regulation joint control over a newly created company constituting a joint venture ("JV") by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for AC: subsidiary of the motor vehicles manufacturer Groupe PSA in charge of the commercialisation of the motor vehicles under the Citröen brand;

-for EYSA: active in the provision of parking management services, as well as vehicle towing services for illegally parked or abandoned vehicles and tax and sanction management.

3.The JV will be active in the provision of car-sharing services in Spain and Portugal.

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

5.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(2016) 5934 final

To the notifying parties:



Dear Sirs,

Subject:Case M.8171 - SEGRO / PSPIB / SELP / TREZZO

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

1.On 22 August 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings SEGRO plc (''SEGRO'', UK) and Public Sector Pension Investment Board (''PSPIB'', Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation, through SEGRO European Logistics Partnership S.à r.l. (''SELP'', Luxembourg), joint control over an income producing logistics asset in Italy, Trezzo, by way of purchase of assets.

2.The business activities of the undertakings concerned are:

-for SEGRO: ownership, asset management and development of modern warehousing, light industrial and data centre properties.

-for PSPIB: managing a diversified global portfolio composed of investments in public financial markets, private equity, real estate, infrastructure and natural resources and provate debt.

-for TREZZO: logistics warehouse asset located in the industrial area of Trezzo on the outskirts of Milan in Italy.

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) 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)

Johannes LAITENBERGER

Director-General