ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Prior notification of a concentration

(Case M.10806 – BROADCOM / VMWARE)

(Text with EEA relevance)

(2022/C 442/07)

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: — Broadcom, Inc. (‘Broadcom’, United States), — VMware, Inc. (‘VMware’, United States). Broadcom will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of VMware. The concentration is accomplished by way of purchase of securities.

2. The business activities of the undertakings concerned are the following: — Broadcom is a technology company that designs, manufactures, and provides a broad range of semiconductors and infrastructure software solutions, — VMware is active in IT software including virtualisation and related workload management technologies for data centres and cloud computing environments, application development, and endpoint management.

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.10806 – BROADCOM / VMWARE 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’).
Official Journal of the European Union

Prior notification of a concentration

(Case M.10880 – DUFRY / AUTOGRILL)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 462/08)

1. On 25 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: — Dufry AG (‘Dufry’, Switzerland), — Autogrill S.p.A. (‘Autogrill’, Italy). Dufry will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Autogrill. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — Dufry is a global travel retail business that operates retail outlets in airports and other transport hubs, — Autogrill: is a global provider of food and beverage services to travellers, which operates at airports, motorways and other transport hubs.

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.10880 – DUFRY / AUTOGRILL 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.10963 – BMWK / SEFE)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 452/10)

1. On 21 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: — The Federal Republic of Germany, represented by the German Federal Ministry of Economic Affairs and Climate Action (‘BMWK’, Germany), — SEFE Securing Energy for Europe GmbH (‘SEFE’, Germany). BMWK will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of SEFE. The concentration is accomplished by way of capital measures leading to an acquisition of shares.

2. The business activities of the undertakings concerned are the following: — BMWK has currently no commercial activities in the energy markets. As part of its response to the current energy crisis, BMWK is developing five LNG regasification facilities in Germany, the first of which will become operational as of December 2022, — SEFE (formerly known as ‘Gazprom Germania GmbH’) is a supplier of natural gas, present mainly in the German market. The company’s main business areas include the downstream wholesale supply and trading of natural gas and LNG, as well as the operation of underground gas storages.

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.10963 – BMWK / SEFE 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.10580 – SE AG / SEC / SEPG)

(Text with EEA relevance)

(2022/C 471/06)

On 6 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 32022M10580. EUR-Lex is the online point of access to European Union law.

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

(Case M.10325 – KRONOSPAN / PFLEIDERER POLSKA)

(Text with EEA relevance)

(2022/C 464/01)

On 15 February 2022, 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 5 April 2022, the Commission decided to initiate proceedings (3) under Article 6(1)(c) of the Merger Regulation. On 29 November 2022, the notifying party informed the Commission that it withdrew its notification and demonstrated that it abandoned the concentration.

(1) OJ C 87, 23.2.2022, p. 13.

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

(3) OJ C 159, 12.4.2022, p. 5.
Official Journal of the European Union

Withdrawal of notification of a concentration

(Case M.10838 – BERSAN EUROPEA DE AUTOMOCION / ASTARA WESTERN EUROPE

(Text with EEA relevance)

(2022/C 491/05)

On 16 November 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) (‘Merger Regulation’).

On 16 December 2022, the notifying party informed the Commission that it withdrew its notification.

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

(Case M.10619 – SNAM / ENI / JV)

(Text with EEA relevance)

(2022/C 476/02)

On 13 October 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 32022M10619. 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.10837 – ASTARA WESTERN EUROPE / MITSUBISHI CORPORATION / ISUZU MOTORS LIMITED / ISUZU SALES DEUTSCHLAND)

(Text with EEA relevance)

(2023/C 6/02)

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 32022M10837. 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.10980 – TOKYU / MARUBENI / ORIX / FUJITSU / JV)

(Text with EEA relevance)

(2023/C 4/01)

On 13 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 32022M10980. 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.10976 – CNP GROUP / SIENNA GROUP / ECT GROUP)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 20/06)

1. On 1 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: — Compagnie Nationale à Portefeuille SA (‘CNP’, Belgium), — Sienna Capital Invest SCSp, (‘Sienna’, Belgium), and — ECT Invest (‘ECT’, France). CNP and Sienna will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of ECT. The concentration is to be accomplished by way of purchase of ECT’s shares by a newly created company constituting a joint venture by CNP and Sienna.

2. The business activities of the undertakings concerned are: — CNP is an investment company with direct and indirect stakes in several undertakings, — Sienna is Groupe Bruxelles Lambert’s alternative assets platform, a listed investment holding company that invests in global undertakings operating in various sectors, and — Groupe ECT is a French specialist in managing inert waste, principally excavated soil.

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.10976 – CNP GROUP / SIENNA GROUP / ECT GROUP 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 Resolution’).

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

(Case M.10561 – CINTRA / ABERTIS / ITINERE / BIP & DRIVE)

(Text with EEA relevance)

(2023/C 17/08)

1.

On 10 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:

— Cintra Infraestructuras España, S.L. (‘Cintra’, Spain), belonging to the Ferrovial Group (Spain),

— Abertis Autopistas España, S.A. (‘Abertis’, Spain), controlled by Atlantia S.p.A (‘Atlantia’, Italy) and Actividad de Construcción y Servicios, S.A. (‘ACS’, Spain),

— Itínere Infraestructuras (‘Itínere’, Spain), controlled by Group APG (‘APG’, the Netherlands),

— Bip & Drive E.D.E. S.A. (‘Bip & Drive’, Spain).

Cintra, Abertis and Itínere will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Bip & Drive.

The concentration is accomplished by way of purchase of shares.

The same concentration was already notified to the Commission on 7 October 2022, but the notification was subsequently withdrawn on 26 October 2022.
Prior notification of a concentration

(Case M.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 41/10)

1. On 27 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: — Compagnia Siderurgica Italiana S.r.l. (‘CSI’, Italy), controlled by Pittini family, — STEELAG Deutschland GmbH (‘SDE’, Germany), controlled by Mr Günther Alphei. CSI will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of SDE. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — CSI is active in the production of carbon steel products (starting from scrap to produce crude steel) and in the marketing of finished products and derivative products, mainly intended for the construction industry (and, to a lesser extent, for the mechanical industry), — SDE is active in the production of electro-welded meshes and cold drawn wire products.

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.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND Observations can be sent to the Commission by email or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu 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.10952 – NBIM / PSPIB / CAPITAL PARK)

(Text with EEA relevance)

(2023/C 30/03)

On 9 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 32022M10952. EUR-Lex is the online point of access to European Union law.

(1) OJ L 24, 29.1.2004, p. 1.
Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 6 May 2019 concerning a draft decision in Case AT.40135 – Forex-Essex Express

Rapporteur: Czechia

(Text with EEA relevance)

(2020/C 219/05)

1. The Advisory Committee (9 Member States) agrees with the Commission that the anticompetitive behaviour covered by the draft decision constitutes an agreement and agreements and/or concerted practices between undertakings within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

2. The Advisory Committee (9 Member States) agrees with the Commission’s assessment of the product and geographic scope of the agreements and/or concerted practices contained in the draft decision.

3. The Advisory Committee (9 Member States) agrees with the Commission that the undertakings concerned by the draft decision participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement, as spelled out in the draft decision.

4. The Advisory Committee (9 Member States) agrees with the Commission that the object of the agreements and/or concerted practices was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.

5. The Advisory Committee (9 Member States) agrees with the Commission that the agreements and/or concerted practices were capable of appreciably affecting trade between the Member States of the EU.

6. The Advisory Committee (9 Member States) agrees with the Commission’s assessment as regards the duration of the infringement.

7. The Advisory Committee (9 Member States) agrees with the Commission that a fine should be imposed on the addressees of the draft decision.

8. The Advisory Committee (9 Member States) agrees with the Commission with the methodology used to set the fines in application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Council Regulation (EC) No 1/2003 (1).

9. The Advisory Committee (9 Member States) agrees with the Commission on the determination of the basic amounts of the fines and the overlap corrections applied.

10. The Advisory Committee (9 Member States) agrees with the determination of the duration for the purpose of calculating the fines.

11. The Advisory Committee (9 Member States) agrees with the Commission that there are no aggravating circumstances applicable in this case.

12. The Advisory Committee (9 Member States) agrees with the Commission that there are mitigating circumstances applicable to two parties in this case.

13. The Advisory Committee (9 Member States) agrees with the Commission as regards the reduction of the fines and partial immunities based on the 2006 Leniency Notice.

14. The Advisory Committee (9 Member States) agrees with the Commission as regards the reduction of the fines based on the 2008 Settlement Notice.

15. The Advisory Committee (9 Member States) agrees with the Commission on the final amounts of the fines.

16. The Advisory Committee (9 Member States) recommends the publication of its Opinion in the Official Journal of the European Union.

(1) OJ L 1, 4.1.2003, p. 1.
(19)

The Final Commitments adequately respond to the concerns expressed in the Commission’s preliminary assessment and to the concerns raised by respondents to the Market Test. In particular, they ensure that Broadcom will suspend any agreements which, according to the Commission’s preliminary assessment, may have an exclusivity-inducing effect and therefore may be in violation of Article 102 of the Treaty and Article 54 of the EEA agreement, and refrain from entering into equivalent agreements for a period of seven years. With regard to the EEA, the Final Commitments prevent Broadcom from making the supply of relevant products or the granting of non-price advantages or retroactive price advantages related to the relevant products conditional on an OEM obtaining any minimum percentage of its requirements for that relevant product, another relevant product or other product from Broadcom, with equivalent limitations applying to Broadcom’s dealings with EEA service providers.