ddrg/super_eurlex huggingface dataset:
Prior notification of a concentration

(Case M.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (JV))

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 322/07)

1. On 30 August 2018, 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: — Vossloh, AG (‘Vossloh’, Germany), — Rhomberg Sersa Rail Holding, GmbH (‘Rhomberg Sersa’, Austria), — Rhomberg Sersa Vossloh, GmbH (‘RSV’, Germany). Vossloh – through its wholly-owned subsidiary Vossloh Rail Services GmbH (Germany) — and Rhomberg Sersa acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of RSV. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Vossloh: manufacture of rail infrastructure and rail technology; production of rail fastening systems, switch systems and signal systems, including the provision of related services, — for Rhomberg Sersa: full-service provider in the field of railway technology, railway construction and equipment; track construction, renewal and maintenance, railway power supply, communications technology and related services, — for RSV: inspection and maintenance services for switches for industrial railways and local transport.

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.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (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.
Opinion of the Advisory Committee on mergers given at its meeting of 11 April 2018 regarding a draft decision relating to Case M.7993 — Altice/PT Portugal (Article 14(2) procedure)

Rapporteur: France

(2018/C 315/05)

1. The Advisory Committee agrees with the Commission that the Commission’s assessment that the Transaction Agreement concluded between Altice and Oi went beyond what was necessary to preserve the value of the Target’s business and gave Altice the possibility to exercise decisive influence over the Target pending notification and the clearance decision of the Commission.

2. The Advisory Committee agrees with the Commission’s assessment that in the instances described in the Decision (i.e. the Post-Paid Campaign, the Porto Canal contract, the selection of a RAN supplier, the Video on Demand contract, the DOG TV contract, the SIRESP shares and the Lactogal contract) Altice went beyond what was necessary to preserve the value of the Target’s business and exercised decisive influence over the Target pending notification and/or the clearance decision of the Commission, as appropriate.

3. The Advisory Committee agrees with the Commission’s assessment that the exchanges of commercially sensitive information contributed to Altice’s exercise of decisive influence over certain conducts pertaining to the Target pending notification and the clearance decision of the Commission and cannot be justified on the basis of the need to preserve the value of the Target’s business.

4. The Advisory Committee agrees with the Commission’s assessment that Altice has at least negligently infringed Article 4(1) of the Merger Regulation (1).

5. The Advisory Committee agrees with the Commission that Altice has at least negligently infringed Article 7(1) of the Merger Regulation.

6. The Advisory Committee agrees with the Commission that Altice should be fined pursuant to Article 14(2)(a) and Article 14(2)(b) of the Merger Regulation.

7. The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

(1) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
Official Journal of the European Union

Prior notification of a concentration

(Case M.9086 — 3i/Arbejdsmarkedets Tillægspension/Tampnet)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 332/08)

1. On 12 September 2018, 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: — 3i Group plc (‘3i’, United Kingdom), — Arbejdsmarkedets Tillægspension (‘ATP’, Denmark), — Brent Holding AS (‘Target’, Norway). 3i and ATP acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Target. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for 3i: investor and investment management business focused on mid-market private equity and infrastructure investments, — for ATP: public pension provider with investment arm managing ATP’s assets; — for Target: provider of communication infrastructure and services to the offshore industry operating under the name Tampnet.

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.9086 — 3i/Arbejdsmarkedets Tillægspension/Tampnet 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.8435 — FMC/DuPont Divestment Business)

(Text with EEA relevance)

(2018/C 327/03)

On 27 July 2017, 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 32017M8435. 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.9055 — Lone Star/CaixaBank Assets)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 344/05)

1. On 17 September 2018, 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: — Lone Star, through its subsidiary LSF Pacific Holdings S.à r.l. (Luxembourg); — A portfolio of real estate owned assets (the ‘Pacific Portfolio’) of BuildingCenter S.A. Unipersonal (Spain), and ServiHabitat Servicios Inmobiliarios, S.L. (Spain), both belonging to CaixaBank (together, the ‘CaixaBank Assets’). Lone Star acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the CaixaBank Assets. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Lone Star: a private equity firm that invests globally in real estate, equity, credit, and other financial assets; — for the Caixabank Assets: a provider of real estate management services for the Pacific Portfolio as well as other real estate properties, owned by CaixaBank or other parties.

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.9055 — Lone Star/CaixaBank Assets 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.9102 — Carlyle/Investindustrial/B&B Italia/Louis Poulsen/Flos)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 338/15)

Carlyle and Investindustrial acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the whole of B&B Italia, Flos and Louis Poulsen. The concentration is accomplished by way of purchase of shares.

Investindustrial Vehicle, controlled by the Investindustrial Group (together ‘Investindustrial’, United Kingdom),

CEP IV Daisy S.à r.l., controlled by The Carlyle Group (together ‘Carlyle’, United States),

This notification concerns the following undertakings:

On 14 September 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 )

2.

The business activities of the undertakings concerned are:

— for Carlyle: as a global alternative asset manager, managing funds that invest globally in buyout and growth capital, real estate, infrastructure and energy, structured credit, hedge funds, middle market debt and private equity,

— for Investindustrial: as a European group of investment, holding and financial advisory companies, investing in medium-sized companies active in sectors such as industrial manufacturing, retail, leisure and business services,

— for B&B Italia: the manufacture and distribution of designer furniture focusing on indoor and outdoor furniture for residential applications, including furniture for living rooms, bedrooms, kitchens, as well as light fixtures for indoor use,

— for Louis Poulsen: the manufacture and distribution of designer lighting solutions, including indoor and outdoor lighting products for consumer and professional use,

— for Flos: the manufacture and distribution of designer lighting solutions, including indoor and outdoor lighting products for consumer and professional use.
Non-opposition to a notified concentration

(Case M.9052 — Kirin/Mitsui/Thorne)

(Text with EEA relevance)

(2018/C 351/01)

On 24 September 2018, 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 32018M9052. 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.9103 — ORIX Aviation Systems/Bohai/Avolon)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 347/10)

1. On 24 September 2018, 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: — ORIX Aviation Systems Limited (‘OAS’, Ireland), belonging to ORIX Corporation (Japan), — Bohai Capital Holding Co., Ltd (‘Bohai’, China), belonging to HNA Group (China). OAS and Bohai acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Avolon Holdings Limited, Bohai’s subsidiary active in aircraft leasing services. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for OAS: an investor aircraft and asset manager. ORIX Corporation is a financial services group with a diverse portfolio of financial services, — for Bohai: a leasing group. HNA Group is a conglomerate encompassing core divisions of aviation, holdings, capital, tourism and logistics.

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.9103 — ORIX Aviation Systems/Bohai/Avolon 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.9075 — Continental/Aviation Industry Corporation of China/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 366/07)

1. On 3 October 2018, 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: — Continental Automotive Holding Co., Ltd (‘Continental Automotive’, China), belonging to Continental AG (Germany), — Sichuan Chengfei Integration Technology Corp., Ltd (‘CITC’, China), belonging to Aviation Industry Corporation of China (China), — Continental CALB Battery Power System Co., Ltd (‘JV’, China), controlled by Continental Automotive and CITC. Continental Automotive and CITC acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV. The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2. The business activities of the undertakings concerned are: — Continental Automotive is a foreign-invested holding company, indirectly wholly-owned by Continental AG, a German automotive manufacturing group mainly specialising in products for the automotive and transportation industries, — CITC is active in designing and manufacturing batteries and power systems via its subsidiary, China Aviation Lithium Battery Co., Ltd.. CITC is directly owned by Aviation Industry Corporation of China (‘AVIC’), a state-owned enterprise, — The JV will develop, produce and sell battery systems for mild hybrid electric vehicles. The product portfolio will feature low voltage battery systems, battery system application software, battery cells and battery management systems, as well as supply chain management of battery systems.

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.9075 — Continental/Aviation Industry Corporation of China/JV Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: E-mail: 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.8889 — Teva/PGT OTC Assets)

(Text with EEA relevance)

(2018/C 359/01)

On 29 June 2018, 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 32018M8889. 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.9037 — Bain Capital/Italmatch Chemicals)

(Text with EEA relevance)

(2018/C 378/02)

On 11 October 2018, 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 32018M9037. 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.8828 — Gauselmann/NOVOMATIC/Spielbank Bad Neuenahr/Spielbank Mainz JV)

(Text with EEA relevance)

(2018/C 370/03)

On 2 October 2018, 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 German 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 32018M8828. 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.8864 — Vodafone/Certain Liberty Global Assets)

(Text with EEA relevance)

(2018/C 391/03)

1. On 19 October 2018, 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: — Vodafone Group Plc (‘Vodafone’, the United Kingdom), — UPC Česká republika, s.r.o. (‘UPC CZ’, the Czech Republic), Unitymedia GmbH (‘Unitymedia’, Germany), UPC Magyarország Kft (‘UPC HU’, Hungary), and UPC Romania S.R.L. (‘UPC RO’, Romania), belonging to the Liberty Global plc group. Vodafone acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of UPC CZ, Unitymedia, UPC HU and UPC RO. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Vodafone: provider of mobile telecommunications services, and in certain countries, provider of fixed voice, fixed broadband, and retail television services, — for UPC CZ, Unitymedia, UPC HU, and UPC RO: providers of fixed voice, fixed broadband, and retail television services in the Czech Republic, Germany, Hungary and Romania. In Germany and Hungary, provider of mobile telecommunications services.

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.8864 — Vodafone/Certain Liberty Global Assets 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’).