ddrg/super_eurlex huggingface dataset:
Prior notification of a concentration

(Case M.10728 – CACF / STELLANTIS / FCA BANK / F2ML)

(Text with EEA relevance)

(2022/C 442/05)

1.

On 15 November 2022, 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:

— Crédit Agricole Consumer Finance (‘CACF’, France),

— Stellantis N.V. (‘Stellantis’, the Netherlands),

— FCA Bank S.p.A. (‘FCA Bank’, Italy),

— Free2MoveLease (‘F2ML’, the Netherlands).

CACF intends to acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of FCAB, which is currently jointly controlled by CACF and Stellantis (the ‘FCAB Transaction’) and CACF and Stellantis intend to acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of LeaseCo combining Leasys (already jointly controlled by CACF and Stellantis) and F2ML (previously solely controlled by Stellantis), both active in the provision of B2B operational leasing services (the ‘LeaseCo Transaction’) (together the ‘Transaction’).

The concentration is accomplished by way of purchase of shares and assets.
Non-opposition to a notified concentration

(Case M.10947 – ATLAS ARTERIA / OTPP / SKYWAY CONCESSION COMPANY)

(Text with EEA relevance)

(2022/C 459/02)

On 25 November 2022, 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 policy’ 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 32022M10947. EUR-Lex is the online point of access to European Union law.

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

Prior notification of a concentration

(Case M.10760 – AIRBUS / SAFRAN / TAC / AUBERT & DUVAL)

(Text with EEA relevance)

(2022/C 452/11)

1. On 17 November 2022, 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: — Airbus SAS (‘Airbus’, France), ultimately controlled by Airbus SE (the Netherlands), — Safran S.A. (‘Safran’, France), — Tikehau Ace Capital S.A.S. (‘TAC’, France), — Aubert & Duval S.A. (‘Aubert & Duval’, France). Airbus, Safran and TAC will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Aubert & Duval. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — Airbus is active on a worldwide basis in aeronautics, space and defence related services. Its business is organised into three operating segments: (i) Airbus (Commercial Aircraft); (ii) Airbus Helicopters; and (iii) Airbus Defence and Space. — Safran focuses on three main areas: (i) aerospace propulsion; (ii) aircraft equipment, defence, and aerospace systems; and (iii) aircraft interiors. Safran covers the entire lifecycle of engines, systems, and equipment for civil and military fixed and rotary-wing aircraft, — TAC is an asset management company, focusing on two sectors: strategic industries (aerospace, defence, and maritime) and trusted technologies (cyber and software risk analysis, and cybersecurity), — Aubert & Duval is a supplier of advanced metallurgical products in the form of parts, long products, and metal powders for various industrial applications, including aviation, space, nuclear, defence, and energy.

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.10760 – AIRBUS / SAFRAN / TAC / AUBERT & DUVAL 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’).
Non-opposition to a notified concentration

(Case M.10929 – GENERALI REAL ESTATE / MUNICH RE / SAXON LAND)

(Text with EEA relevance)

(2022/C 471/05)

On 5 December 2022, 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 policy’ 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 32022M10929. EUR-Lex is the online point of access to European Union law.

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

Prior notification of a concentration

Case M.10979 – PROVIDENCE EQUITY PARTNERS / ROTHSCHILD & CO / A2MAC1

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 464/12)

1. On 29 November 2022, 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: — Providence Equity Partners, LLC (‘Providence’, USA), — Rothschild & Co (‘Rothschild’, France), — Financière Hary SAS (together with its subsidiaries, ‘A2Mac1’, France), currently controlled by Rothschild via Five Arrows Principal Investments funds (‘Five Arrows’, France). Rothschild and Providence will indirectly acquire joint control of A2Mac1 within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — Providence is a private equity firm specialising in investing in the media, communications, education, software and information services industries across North America and Europe, — Rothschild is an investment bank and financial services company which offers services in the areas of financial advisory, private banking and asset management, and private equity and private debt. Five Arrows is the European corporate private equity business of Rothschild, — A2Mac1 is a B2B database company providing engineering and technical benchmarking services, mostly to the automotive industry.

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 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.10979 – PROVIDENCE EQUITY PARTNERS / ROTHSCHILD & CO / A2MAC1 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

Prior notification of a concentration

(Case M.11000 – KKR / SERENTICA MAURITIUS / SERENTICA RENEWABLES SINGAPORE JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 487/08)

1. On 16 December 2022, 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: — KKR & Co (‘KKR’, United States), — Serentica Renewables Private Limited – Mauritius (‘Serentica Mauritius’, Mauritius), ultimately owned by Volcan Investments Limited, — Serentica Renewables Singapore Private Limited (‘Serentica Renewables Singapore’, Singapore). KKR and Serentica Mauritius will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Serentica Renewables Singapore. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — KKR is a global investment firm that offers alternative asset management as well as capital markets and insurance solutions, — Serentica Mauritius is active in the construction, development, ownership and operation of renewable energy projects in India.

3. Serentica Renewables Singapore is being set up to construct, develop, own and operate renewable energy generation projects, utility projects, and energy transition and decarbonisation projects exclusively in India.

4. 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.

5. 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.11000 – KKR / SERENTICA MAURITIUS / SERENTICA RENEWABLES SINGAPORE 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.
Non-opposition to a notified concentration

(Case M.10943 – ENEL / CVC CAPITAL PARTNERS / GRIDSPERTISE)

(Text with EEA relevance)

(2022/C 474/05)

On 28 November 2022, 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 policy’ 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 32022M10943. EUR-Lex is the online point of access to European Union law.

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

(Case M.10957 – CURA / GENERALI / T-C PEP PROPERTY)

(Text with EEA relevance)

(2023/C 6/01)

On 20 December 2022, 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 policy’ 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 32022M10957. EUR-Lex is the online point of access to European Union law.

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

(Case M.10709 – PARTNERS GROUP / FORTERRO)

(Text with EEA relevance)

(2023/C 4/02)

On 24 June 2022, 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 policy’ 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 32022M10709. EUR-Lex is the online point of access to European Union law.

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

(Case M.10927 – ACTION LOGEMENT / AG2R LA MONDIALE / BNP PARIBAS / JV)

(Text with EEA relevance)

(2023/C 20/04)

On 30 November 2022, 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 French 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 policy’ 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 32022M10927. EUR-Lex is the online point of access to European Union law.

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

(Case M.10892 – APOLLO / HINES / VI-BA / AEDES)

(Text with EEA relevance)

(2023/C 14/02)

On 16 November 2022, 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 policy’ 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 32022M10892. EUR-Lex is the online point of access to European Union law.

(1) OJ L 24, 29.1.2004, p. 1.
Trans-o-flex Express GmbH & Co. KGaA and Trans-o-flex Express Verwaltungs GmbH (together referred to as ‘Trans-o-flex’, Germany).

Geodis will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Trans-o-flex.

The concentration is accomplished by way of purchase of shares.
Official Journal of the European Union

Prior notification of a concentration

(Case M.10841 – FIRMENICH INTERNATIONAL / KONINKLIJKE DSM)

(Text with EEA relevance)

(2023/C 30/11)

1. On 18 January 2023, 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: — Firmenich International SA (‘Firmenich’, Switzerland), — Koninklijke DSM N.V. (‘DSM’, the Netherlands). Firmenich will enter into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation with DSM. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — Firmenich specialises in the production and commercialisation of fragrances, flavours, aroma chemicals, pine resin, pine turpentine oil and pine terpene, — DSM is active mainly in the production of aroma chemicals, flavours, savoury ingredients, enzymes, carotenoids, vitamins and cultures.

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 no later than 10 days following the date of this publication. The following reference should always be specified: M.10841 – FIRMENICH INTERNATIONAL / KONINKLIJKE DSM 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’).
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 10 February 2020 concerning a draft decision in Case AT.40528 – MELIÁ (Holiday Pricing)

Rapporteur: France

(2020/C 182/05)

1. The members (7 Member States) of the Advisory Committee agree with the Commission that Melia’s vertical contracts with tour operators as outlined in the draft decision restricted active and passive sales for hotel accommodation and constitute a restriction of competition by object within the meaning of Article 101 TFEU and Article 53 of the EEA Agreement.

2. The members (7 Member States) of the Advisory Committee agree with the Commission’s assessment in the draft decision as regards the duration of the infringement.

3. The members (7 Member States) of the Advisory Committee agree with the Commission that the anticompetitive conduct covered by the draft decision does not meet the conditions for exemption under Article 101(3) TFEU and Article 53(3) of the EEA Agreement.

4. The members (7 Member States) of the Advisory Committee agree with the Commission that a fine should be imposed on the addressee of the draft decision.

5. The members (7 Member States) of the Advisory Committee agree with the Commission on the final amount of the fine, including its reduction based on point 37 of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003.
Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 15 March 2019 concerning a draft decision in case AT.40411 Google Search (AdSense)

Rapporteur: Croatia

(2020/C 369/01)

1. The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant product markets are the market for online search advertising and the market for online search advertising intermediation.

2. The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant geographic market for online search advertising is national in scope.

3. The Advisory Committee agrees with the Commission that, for the purposes of this case, the relevant geographic market for online search advertising intermediation is EEA-wide in scope.

4. The Advisory Committee agrees with the Commission that Google has held a dominant position in the market for online search advertising intermediation between at least 2006 and 2016.

5. The Advisory Committee agrees with the Commission that the Exclusivity Clause in contracts with All Sites Direct Partners constituted an abuse of Google's dominant position in the EEA-wide market for online search advertising intermediation within the meaning of Article 102 of the TFEU and Article 54 of the EEA Agreement.

6. The Advisory Committee agrees with the Commission that the Premium Placement and Minimum Google Ads Clause constituted an abuse of Google's dominant position in the EEA-wide market for online search advertising intermediation within the meaning of Article 102 of the TFEU and Article 54 of the EEA Agreement.

7. The Advisory Committee agrees with the Commission that the Authorising Equivalent Ads Clause constituted an abuse of Google's dominant position on the EEA-wide market for online search advertising intermediation within the meaning of Article 102 of the TFEU and Article 54 of the EEA Agreement.

8. The Advisory Committee agrees with the Commission's assessment that all the above mentioned conducts constitute a single and continuous infringement as described in the draft decision.

9. The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringement as described in the draft decision.

10. The Advisory Committee requests the Commission to take into account the observations made during the meeting.
Opinion of the Advisory Committee on restrictive practices and dominant positions at the meeting on 7 October 2019 concerning a draft decision in Case AT.40608 – Broadcom

Rapporteur: Lithuania

(Text with EEA relevance)

(2021/C 81/10)

1. The Advisory Committee (9 Member States) agrees with the Commission’s assessment that the conduct covered by the draft decision prima facie constitutes an abuse of a dominant position that infringes Article 102 TFEU and Article 54 of the EEA Agreement.

2. The Advisory Committee (9 Member States) agrees with the Commission’s assessment in the draft decision on the urgent need for interim measures due to the risk of serious and irreparable damage to competition.

3. The Advisory Committee (9 Member States) agrees with the Commission that it is necessary and appropriate to impose interim measures pursuant to Article 8(1) of Regulation (EC) No 1/2003, in the terms set out in the draft decision.

4. The Advisory Committee (9 Member States) agrees with the Commission on the duration of the interim measures, as set out in the draft decision.