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

Prior notification of a concentration

(Case M.9133 — MET Renewables/O Zone/NIS Energowind)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 418/09)

1. On 9 November 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: — MET Renewables AG (Switzerland) belonging to the MET group, — O Zone a.d. (Serbia) belonging to the Gazprom Group, — NIS Energowind d.o.o. Beograd (Serbia). MET Renewables and O Zone acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of NIS Energowind. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for MET Renewables: a holding company, holding participation in entitites in the energy sector, — for O Zone: ownership and management of hotels, resorts and restuarants in Serbia and Montenegro. — for NIS Energowind: ownership, development and future operation of a 102 MW wind power plant in Serbia.

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.9133 — MET Renewables/O Zone/NIS Energowind 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.9107 — The Carlyle Group/NEP Group)

(Text with EEA relevance)

(2018/C 414/02)

On 17 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 32018M9107. 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.9189 — Cerberus Group/Marke Creative Merchandise)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 428/04)

1. On 16 November 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: — The Cerberus Group (USA, ‘Cerberus’), — Marke Creative Merchandise Ltd (USA, ‘Marke’), a subsidiary of Staples, Inc. Cerberus acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Marke. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — Cerberus is a private investment firm which is active in diverse industries worldwide, — Marke is globally active in the provision of creative brand merchandising solutions in numerous industries including automotive, financial services, beverages, logistics, technology and retail.

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.9189 — Cerberus Group/Marke Creative Merchandise 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.9217 — Engie/EDPR/Repsol/Windplus)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 423/08)

1. On 16 November 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: — Engie S.A. (‘Engie’, France), — EDP Renewables, SGPS, S.A. (‘EDPR’, Portugal), controlled by EDP -Energias de Portugal S.A. (‘EDP’, Portugal), — Repsol Nuevas Energías S.A. (‘Repsol’, Spain), controlled by Repsol S.A. (Spain), — Windplus S.A. (‘Windplus’, Portugal), currently controlled by EDPR and Repsol. Engie, EDPR and Repsol acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of Windplus. The concentration is accomplished by way of contract of management or any other means.

2. The business activities of the undertakings concerned are: — Engie is an international energy company active throughout the entire value chain, — EDPR is active in the generation of renewable energy and is ultimately controlled by EDP, a utility company active in the generation, distribution and supply of electricity in Portugal and Spain, — Repsol develops a business related to renewable energy and is controlled by Repsol S.A., an integrated energy company in the oil and gas industry, — Windplus developed and builds an offshore wind project to be active in the generation and wholesale supply of electricity in Portugal.

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.9217 — Engie/EDPR/Repsol/Windplus 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.9213 — OYAK/Cimpor Portugal)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 435/08)

1. On 26 November 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: — Ordu Yardimlaşma Kurumu (‘OYAK’), — Cimpor Portugal, sgps, s.a. (‘Cimpor Portugal’) OYAK acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Cimpor Portugal. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — OYAK is a pension fund in Turkey and its subsidiaries are active in a wide range of industries, namely mining, metallurgy, cement, concrete, paper, energy, chemicals, financial services, automotive and logistics, — Cimpor Portugal is a cement producer in Portugal and also has interests in Cape Verde. It is active in the production and commercialisation of cement, concrete, aggregates and mortars.

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.9213 — OYAK/Cimpor Portugal 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.9202 — Bain Capital/Oscar Holding)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 451/08)

1. On 5 December 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: — Digital Auto Parts Holding (‘DAPH’, France), controlled by Bain Capital Investors, L.L.C. (‘Bain Capital’, USA), — Oscar Holding SAS (‘Oscaro’, France). DAPH acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Oscaro. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for DAPH: wholesale distribution of spare parts and accessories for light vehicles and heavy goods vehicles to the independent aftermarket, — for Oscaro: online retail distribution of spare parts and accessories for light vehicles mainly in France, and marginally in Spain, Belgium and Portugal.

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.9202 — Bain Capital/Oscar Holding 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.9025 — Pizza Hut/Telepizza)

(Text with EEA relevance)

(2018/C 447/04)

On 3 December 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 32018M9025. 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.9214 — MUFG HD/Akamai/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 460/24)

1. On 14 December 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: — Mitsubishi UFJ Financial Group, Inc. (‘MUFG HD’, Japan), — Akamai Technologies, Inc. (‘Akamai’, US). MUFG HD and Akamai acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the ‘JV’). The concentration is accomplished by way of purchase of shares and contribution of assets.

2. The business activities of the undertakings concerned are: — for MUFG HD: a holding company for entities engaged in a wide range of financial businesses, — for Akamai: the provision of cloud services for delivering, optimising and securing content and business applications over the internet, — for the JV: the provision of a blockchain-based online payment network in Japan.

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.9214 — MUFG HD/Akamai/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.
13.

As regards the BASF Divestment Package, the Advisory Committee (14 Member States) agrees with the Commission that: 13.1. The divestiture of the Broad Acre Divestment Businesses will address the competition concerns in relation to broad acre crop seeds and traits markets, and innovation competition; 13.2. The divestiture of the GA Divestment Business and the Glyphosate Assets will address the competition concerns in relation to glyphosate and glufosinate ammonium; 13.3. The divestiture of the NemaStrike Assets will address the competition concerns in relation to nematicide seed treatment; 13.4. The [NSH lines of research 1, 2 and 3] Data Transfers and Licences will address the competition concerns in relation to the Parties' respective innovation efforts for non-selective herbicides and HT Systems; 13.5. The Digital Agriculture Licence will address the competition concerns in relation to digitally-enabled prescriptions of fungicides for broad acre crops in the EEA as well as the issues raised in the market test; and 13.6. BASF would appear to be prima facie a suitable purchaser of the BASF Divestment Package, subject to further investigation.
Official Journal of the European Union

Prior notification of a concentration

(Case M.9218 — CVC Capital Partners/K3)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 18/06)

1. On 21 December 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: — CVC Capital Partners SICAV-FIS S.A. (‘CVC’) (Luxembourg), — Ahlsell AB (‘K3’) (Sweden). CVC Capital Partners SICAV-FIS S.A. acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Ahlsell AB. The concentration is accomplished by way of public bid announced on 11 December 2018.

2. The business activities of the undertakings concerned are: — for undertaking CVC: CVC and/or its subsidiaries manages investment funds and platforms, — for undertaking Ahlsell AB (K3): wholesale and retail distribution of installation products that fall into the following categories: heating, ventilation, air conditioning and plumbing, electrical, and tools and suppplies.

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.9218 — CVC Capital Partners/K3 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

Withdrawal of notification of a concentration

(Case M.8907 — Aperam/VDM)

(Text with EEA relevance)

(2019/C 9/01)

(Council Regulation (EC) No 139/2004)

On 23 October 2018, the European 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:

— Aperam SA (‘Aperam’, Luxembourg), and

— VDM Metals Holding GmbH (‘VDM’, Germany).

Aperam acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole VDM.

The concentration is accomplished by way of purchase of shares.

On 29 November 2018, the European Commission decided to initiate proceedings under Article 6(1)(c) of the Merger Regulation. On 21 December 2018, the notifying party(ies) informed the Commission that it/they withdrew its/their notification and demonstrated that it/they abandoned the concentration.

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

(Case M.9207 — IFM Investors/Vitol/VTTI)

(Text with EEA relevance)

(2019/C 22/01)

On 9 January 2019, 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 32019M9207. 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.9248 — Sumitomo/Mahindra/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 20/06)

1. On 8 January 2019, 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: — Sumitomo Corporation (‘Sumitomo’, Japan), — Mahindra Agri Solutions Limited (‘Mahindra’, India), belonging to the Mahindra Group (India), and — a newly created Joint Venture (‘JV’, India). Sumitomo and Mahindra acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Sumitomo: trading and investment company active in trading of metal products, transportation and construction systems, environment and infrastructure, chemicals and electronics, media, networks and lifestyle related goods, mineral resources, energy and life sciences; — for Mahindra: technology and agricultural know-how, as well as agricultural inputs (seeds, crop care, seed potato, and micro irrigation), agricultural output (fresh fruit, pulses, and edible oils) and dairy advisory services; — for the JV: manufacture, formulation, distribution, sale, purchase, marketing, import and export of agrochemical products, primarily in India and also in Nigeria and Tanzania. Mahindra will transfer to the JV its agrochemical business.

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.9248 — Sumitomo/Mahindra/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.