ddrg/super_eurlex huggingface dataset:
Non-opposition to a notified concentration

(Case M.10099 — Arch/Kelso/Warburg/Watford)

(Text with EEA relevance)

(2021/C 99/01)

On 17 March 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10099. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration

(Case M.9554 — Elanco Animal Health/Bayer Animal Health Division)

(Text with EEA relevance)

(2021/C 91/04)

On 8 June 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) in conjunction with Article 6(2) of Council Regulation (EC) No. 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9554. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Withdrawal of notification of a concentration

(Case M.9489 — Air Canada/Transat)

(Text with EEA relevance)

(2021/C 121/05)

On 15 April 2020, the European Commission received notification (1) of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (2) (‘Merger Regulation’).

On 25 Mai 2020, the Commission decided to initiate proceedings (3) under Article 6(1)(c) of the Merger Regulation. On 2 April 2021, the notifying party informed the Commission that it withdrew its notification and demonstrated that it abandoned the concentration.

(1) OJ C 131, 22.04.2020, p. 23.

(2) OJ L 24, 29.1.2004, p. 1.

(3) OJ C 180, 29.05.2020, p. 1.
Official Journal of the European Union

Prior notification of a concentration

(Case M.10173 — Luminus/Essent Belgium)

(Text with EEA relevance)

(2021/C 113/08)

1. On 23 March 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Luminus S.A. (‘Luminus’, Belgium), controlled by EDF S.A. (‘EDF’, France), — Essent Belgium NV (‘Essent Belgium’, Belgium), a subsidiary of E.ON S.E. (‘E.ON’, Germany). Luminus acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Essent Belgium. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Luminus: the generation and supply of electricity as well as the supply of gas in Belgium, — for Essent Belgium: the retail supply of electricity and gas to small industrial and commercial customers and residential customers in Belgium.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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. The following reference should always be specified: M.10173 — Luminus/Essent Belgium Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Initiation of proceedings

(Case M.9938 — Kingspan Group/Trimo)

(Text with EEA relevance)

(2021/C 133/02)

On 12 April 2021, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 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 No. M.9938 — Kingspan Group/Trimo, to the following address:

European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ’Merger Regulation’).
Non-opposition to a notified concentration

(Case M.10174 — Macquarie/Aberdeen/Ucles JV)

(Text with EEA relevance)

(2021/C 129/04)

On 25 March 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10174. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration

(Case M.10020 — Korian/VYV/Technosens Evolution)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 154/09)

1. On 22 April 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Korian Solutions SAS (‘Korian Solutions’, France), belonging to the Korian Group (France), — VYV Invest SAS (‘VYV Invest’, France), belonging to the VYV Group (France), — Technosens Evolution SAS (‘Technosens Evolution’, France), controlled by Korian Solutions. Korian Solutions and VYV Invest acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Technosens Evolution. The concentration is accomplished by way of contract or any other means.

2. The business activities of the undertakings concerned are: — for the Korian Group: provides care and support services for elderly and vulnerable people (nursing homes, clinics, assisted living and in-home care services) in France, Belgium, Germany, Spain, Italy and the Netherlands. Korian Solutions is the digital agency of the Korian Group, set up to accelerate the integration of digital technology into its business, — for the VYV Group: French health and social protection insurance group. Its activities range from insurance (health, pension and disability) to care services (healthcare and service establishments). It also operates in the housing and social housing sector in France, Spain, Italy and Portugal. VYV Invest is the VYV Group’s strategic investment holding company, — for Technosens Evolution: company engaging in research, development and installation of ergonomic digital solutions for residential facilities for the elderly (nursing homes, assisted living facilities, etc.) in France.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4. The Commission invites interested third parties to submit any observations they may have on the proposed transaction to the Commission. Observations must reach the Commission no later than ten days following the date on which this notification is published. The following reference should always be specified: M.10020 — Korian/VYV/Technosens Evolution Observations can be sent to the Commission by e-mail, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Official Journal of the European Union

Prior notification of a concentration

(Case M.10237 — BRIDGEPOINT/INFINIGATE)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 140/04)

1. On 14 April 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Bridgepoint Group Limited (‘Bridgepoint’, United Kingdom); and — Infinigate Holding AG (‘Infinigate’, Switzerland), controlled by H.I.G. Capital L.L.C. (‘HIG’). Bridgepoint acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Infinigate. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Bridgepoint: an international private equity group focused on investing in established European middle market businesses in a broad range of sectors, including consumer/retail, business services, industrials, financial services, healthcare, media and technology; — for Infinigate: value-added wholesale distribution of IT security products (including firewalls, VPN gateways, intrusion detection and prevention systems, encryption, virus protection, e-mail and content security solutions, and cloud-enabled security solutions).

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.10237 — BRIDGEPOINT/INFINIGATE Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Non-opposition to a notified concentration

(Case M.10200 — Blackstone/GIP/Cascade/Signature)

(Text with EEA relevance)

(2021/C 184/02)

On 7 May 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10200. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Official Journal of the European Union

Prior notification of a concentration

(Case M.10242— Melitta/Hubert Burda Media/Roast Market)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 164/05)

1. On 26 April 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — MWBS Beteiligungs GmbH (‘MWBS’, Germany), controlled by Melitta Unternehmensgruppe Bentz KG (‘Melitta’, Germany), — The Enabling Company GmbH (‘TEC’, Germany), controlled by Burda GmbH (‘Burda’, Germany), belonging to Hubert Burda Media Holding KG (‘Hubert Burda Media’, Germany), — Roast Market GmbH (‘Roast Market’, Germany). Melitta and Hubert Burda Media acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Roast Market. The concentration is accomplished by way of contract of management.

2. The business activities of the undertakings concerned are: — for Melitta: manufacture and supply of coffee, coffee making equipment and household products, — for Hubert Burda Media: active in media, eCommerce, printing, marketing, retail, shareholdings and service provision, — for Roast Market: a specialised online coffee retailer.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.10242— Melitta/Hubert Burda Media/Roast Market Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Official Journal of the European Union

Final Report of the Hearing Officer (1)

Case M.9660 – Google/Fitbit

(Text with EEA relevance)

(2021/C 194/04)

On 15 June 2020, the Commission received a notification of a proposed concentration pursuant to Article 4 of the Merger Regulation (2) by which Google, LLC (‘Google’) would acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Fitbit, Inc. (‘Fitbit’) by way of purchase of shares (the ‘Proposed Transaction’).

On 8 July 2020, I admitted Privacy International as interested third person pursuant to Article 18(4), second sentence, of the Merger Regulation, Articles 11(c) and 16(1) of the Merger Implementing Regulation (3), and Article 5 of Decision 2011/695/EU.

On 4 August 2020, the Commission initiated proceedings pursuant to Article 6(1)(c) of the Merger Regulation (‘Article 6(1)(c) Decision’).

On 21 August 2020, Google submitted written comments on the Article 6(1)(c) Decision.

On 2 September 2020, I admitted BEUC, The European Consumer Organisation, as interested third person.

On 22 September and 16 October 2020, the Commission and Google agreed on extensions of the time limit for the Commission’s investigation, pursuant to Article 10(3), second subparagraph, of the Merger Regulation, by a total of 15 working days.

On 28 September 2020, Google submitted commitments in accordance with Article 8(2) of the Merger Regulation in order to address the competition concerns identified by the Commission.

On 29 September 2020, the Commission launched a market test of these commitments. The Commission provided Google with detailed feedback on the outcome of the market tests during several calls in October and early November 2020.

On 4 November 2020, Google submitted revised commitments pursuant to Article 8(2) of the Merger Regulation.

The draft decision declares the Proposed Transaction compatible with the internal market and the EEA Agreement, subject to full compliance with the revised commitments.

Overall, I consider that the effective exercise of procedural rights has been respected during the present proceedings.

Brussels, 4 December 2020. Wouter WILS

(1) Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).

(2) Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1) (‘Merger Regulation’).

(3) Commission Regulation (EC) No 802/2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ L 133, 30.4.2004, p. 1) (‘Merger Implementing Regulation’).
Official Journal of the European Union

Prior notification of a concentration

(Case M.10240 — CNP/UniCredit/Aviva S.p.A.)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 192/07)

1. On 10 May 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — CNP Assurances S.A. (‘CNP’, France), controlled by Caisse des Dépôts et Consignations (‘CDC’, France), — UniCredit S.p.A. (‘UniCredit’, Italy), — Aviva S.p.A. (Italy), belonging to Aviva plc’s group. CNP and Unicredit acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Aviva S.p.A. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — CNP develops, provides and manages insurance products globally. In Italy, CNP is mainly active in the provision of life insurance products. — UniCredit is an Italian banking group providing banking and financial services in Italy and in a number of EU Member States and non-EU countries. — Aviva S.p.A. provides life insurance products in Italy.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.10240 — CNP/UniCredit/Aviva S.p.A. Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Prior notification of a concentration

(Case M.10202 — EQT/Investindustrial/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2021/C 205/07)

1. On 21 May 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004. ( 1 ) This notification concerns the following undertakings: — Igenomix, S.L.U. (‘Igenomix’, Spain), solely controlled by EQT AB (‘EQT’, Sweden); and — Universal Clinics, S.L. (‘Universal Clinics’, Spain), solely controlled by Investindustrial S.A. (‘Investindustrial’, Luxembourg). The proposed concentration consists of the acquisition of joint control, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, of a newly created joint venture (the ‘JV’) by EQT, through Igenomix, and Investindustrial, through Universal Clinics. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for EQT: management of investment funds. Portfolio companies controlled by EQT include notably Igenomix, a company dedicated to the business of genetic and molecular diagnostics, as well as clinical and complementary analyses, specialized in the reproductive sector and in vitro fertilisation related testing; — for Investindustrial: management of investment funds. Portfolio companies controlled by Investindustrial include notably Universal Clinics, a company active in reproduction medicine through the ownership, operation and development of health clinics in Spain, Italy, Czech Republic and Sweden; — for the JV: development and commercialisation of a non-invasive embryo culture medical device to be used by in vitro fertilization laboratories.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.10202 — EQT/Investindustrial/JV Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.