ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 286/3

Opinion of the Advisory Committee on Mergers given at its meeting of 27 April 2017 regarding a draft decision relating to Case M.8228 — Facebook/WhatsApp (Art. 14(1) proc.)

Rapporteur: France

(2017/C 286/03)

1. The Advisory Committee agrees with the Commission that Facebook supplied, at least negligently, incorrect or misleading information in the Form CO in case M.7217 — Facebook/WhatsApp in violation of Article 14(1)(a) of the Merger Regulation (1) and Article 4(1) of the Implementing Regulation (2).

2. The Advisory Committee agrees with the Commission that Facebook supplied, at least negligently, incorrect or misleading information in the Reply of 23 September 2014, provided in response to the request for information of 18 September 2014 pursuant to Article 11(2) of the Merger Regulation in case M.7217 — Facebook/WhatsApp in violation of Article 14(1)(b) of the Merger Regulation.

3. The Advisory Committee agrees with the Commission that fines should be imposed on Facebook pursuant to Article 14(1)(a) and Article 14(1)(b) of the Merger Regulation.

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

(2) Commission Regulation (EC) No 802/2004 of 21 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the ‘Implementing Regulation’) (OJ L 133, 30.4.2004, p. 1), as amended by Commission Regulation (EC) No 1033/2008 (OJ L 279, 22.10.2008, p. 1) and by Commission Implementing Regulation (EU) No 1269/2013 of 5 December 2013 (OJ L 336, 14.12.2013, p. 1).
EN Official Journal of the European Union C 299/2

Non-opposition to a notified concentration

(Case M.8596 — Colindale/Goldman Sachs/JRE)

(Text with EEA relevance)

(2017/C 299/03)

On 5 September 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) 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 32017M8596. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
The business activities of the undertakings concerned are:

— for CKHH: active in five core businesses (i) ports and related services, (ii) retail, (iii) infrastructure, (iv) energy and (v) telecommunications. Within CKHH, CKI manages diversified investments in energy infrastructure, transportation infrastructure, water infrastructure, waste management, waste-to-energy and infrastructure related businesses;

— for CKP: property development and investment, hotel and serviced suite operation, property and project management, infrastructure investments and aircraft leasing;

— for ista: the provision of heat and water sub-metering services as well as related services mainly in the EEA, with a focus on Germany, France and Denmark.
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.8604 — Xella International/Ursa.

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
On 8 September 2017, 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:

— Cambourne Life Investment Pte. Ltd (Singapore) controlled by GIC Pte. Ltd,

— Massachusetts Mutual Life Insurance Company (United States),

— Rothesay HoldCo UK Ltd (United Kingdom).

Cambourne Life Investment Pte. Ltd (‘Cambourne’) and Massachusetts Mutual Life Insurance Company (‘MassMutual’) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Rothesay HoldCo UK Ltd (United Kingdom (‘Rothesay’), whereby the Blackstone Group LP (‘Blackstone’) is already a controlling shareholder. The concentration is accomplished by way of purchase of shares.
EN Official Journal of the European Union C 329/2

Non-opposition to a notified concentration

(Case M.8591 — VW Credit/Daimler/Autogravity)

(Text with EEA relevance)

(2017/C 329/03)

On 19 September 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) 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 32017M8591. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
On 18 September 2017, 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:

— Renault Venture Capital SAS (France), belonging to Renault SAS (part of the Renault Group),

— Eneco Smart Energy BV (Netherlands), belonging to the Eneco Group NV,

— Jedlix BV (Netherlands), controlled by Eneco Smart Energy BV.

Renault Venture Capital SAS and Eneco Smart Energy BV acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of Jedlix.

The concentration is accomplished by way of purchase of shares.
EN Official Journal of the European Union C 339/2

Non-opposition to a notified concentration

(Case M.8604 — Xella International/Ursa)

(Text with EEA relevance)

(2017/C 339/03)

On 4 October 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) 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 32017M8604. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
On 25 September 2017, 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:

— CRH Zehnte Vermögensverwaltungs GmbH (‘CRH Zehnte’, Germany) controlled by CRH plc (Ireland),

— XI (RMAT) Holdings GmbH (‘XI (RMAT)’, Germany), the holding company of Fels-Werke GmbH.

CRH Zehnte acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of XI (RMAT).

The concentration is accomplished by way of purchase of shares.
EN Official Journal of the European Union C 348/1

Non-opposition to a notified concentration

(Case M.8541 — Thermo Fisher Scientific/Patheon)

(Text with EEA relevance)

(2017/C 348/02)

On 23 August 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) 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 32017M8541. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
EN Official Journal of the European Union C 343/1

Non-opposition to a notified concentration

(Case M.8561 — KKR / Q Park)

(Text with EEA relevance)

(2017/C 343/01)

On 13 September 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) 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 32017M8561. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
EN Official Journal of the European Union C 356/3

Non-opposition to a notified concentration

(Case M.8646 — Platinum/Pattonair)

(Text with EEA relevance)

(2017/C 356/05)

On 16 October 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) 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 32017M8646. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
14.

The Advisory Committee (9 Member States) agrees with the Commission that the Transaction should therefore be declared compatible with the internal market and the functioning of the EEA Agreement in accordance with Article 2(2) and 8(2) of the Merger Regulation and Article 57 of the EEA Agreement.
EN Official Journal of the European Union C 372/4

Non-opposition to a notified concentration

(Case M.8651 — Bosch/HASCO/ASCN)

(Text with EEA relevance)

(2017/C 372/03)

On 26 October 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) 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 32017M8651. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
On 18 October 2017, 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:

— HPS Investment Partners, LLC (‘HPS’) (USA),

— Ardonagh Group Limited (‘Ardonagh’) (UK), controlled by HPS,

— Madison Dearborn Partners, LLC (‘MDP’) (USA),

— Nevada Investment Holdings 2 Limited (‘Nevada 2’) (Cayman Islands), controlled by MDP.

HPS and MDP acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Ardonagh (including Towergate) and Nevada 2.

The concentration is accomplished by way of purchase of securities.
On 16 November 2017, 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 SA (‘CVC’, Luxembourg)

— International Women’s Health Business of Teva Pharmaceutical Industries Ltd (‘Target Business’, Israel).

CVC acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the Target Business.

The concentration is accomplished by way of purchase of assets.
EN Official Journal of the European Union C 388/1

Non-opposition to a notified concentration

(Case M.8440 — DuPont/FMC (Health and Nutrition Business))

(Text with EEA relevance)

(2017/C 388/02)

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 32017M8440. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
EN Official Journal of the European Union C 403/1

Non-opposition to a notified concentration

(Case M.8588 — Continental Automotive/Alstom/EasyMile)

(Text with EEA relevance)

(2017/C 403/02)

On 21 November 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) 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 32017M8588. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
EN Official Journal of the European Union C 401/17

Non-opposition to a notified concentration

(Case M.8472 — Nippon Yusen Kabushiki Kaisha/Mitsui Osk Lines/Kawasaki Kisen Kaisha/JV)

(Text with EEA relevance)

(2017/C 401/05)

On 28 June 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) 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 32017M8472. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
EN Official Journal of the European Union C 418/1

Non-opposition to a notified concentration

(Case M.8618 — OMV/Verbund/Smatrics/E-Mobility Provider)

(Text with EEA relevance)

(2017/C 418/01)

On 30 November 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) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in German language 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 32017M8618. EUR-Lex is the online access to the European law.

(1) OJ L 24, 29.1.2004, p. 1.
EN Official Journal of the European Union C 411/1

Withdrawal of notification of a concentration

(Case M.8709 — AXA/Pradera/Targets)

(Text with EEA relevance)

(2017/C 411/01)

(Council Regulation (EC) No 139/2004)

On 3 November 2017, the Commission received notification of a proposed concentration between Pradera Limited and Pan European Value Added Venture SCA. On 23 November 2017, the notifying parties informed the Commission that they withdrew their notification.
On 8 December 2017, 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:

— Discovery Communications, Inc. (‘Discovery’, United States),

— Scripps Networks Interactive, Inc. (‘Scripps’, United States).

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

The concentration is accomplished by way of purchase of shares.
On 1 December 2017, 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:

— Mirova-Eurofideme 3 (France), ultimately owned Banque populaire Caisse d'épargne (‘BPCE’, France),

— General Electric Company (‘GE’, United States),

— Idesamgar SL and Idesamgar 1 SL (Spain), controlled by Forestalia Renovables SLU (Spain).

Mirova-Eurofideme 3 and GE acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Idesamgar SL and Idesamgar 1 SL. The concentration is accomplished by way of purchase of shares.
On 19 December 2017, 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:

— Schmolz+Bickenbach AG (Switzerland), controlled by the Renova Group;

— Asco Industries SAS (France).

Schmolz+Bickenbach acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of certain parts of Asco Industries.

The concentration is accomplished by way of purchase of assets and purchase of shares.
EN Official Journal of the European Union C 1/1

Non-opposition to a notified concentration

(Case M.8690 — TDR Capital LLP/Rossini Holding SAS)

(Text with EEA relevance)

(2018/C 1/02)

On 20 December 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) 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 32017M8690. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
On 12 January 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:

— Praxair, Inc. (‘Praxair’, United States),

— Linde AG (‘Linde’, Germany).

Praxair enters into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation with Linde.

The concentration is accomplished by way of purchase of shares in a newly created company.
On 3 January 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 SA (‘CVC’, Luxembourg),

— TMF Orange Holding BV (‘TMF’, The Netherlands).

CVC acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of TMF.

The concentration is accomplished by way of purchase of shares.
On 19 January 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:

— Votorantim (Brazil),

— Canada Pension Plan Investment Board (CPPIB) (Canada).

Votorantim and CPPIB acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of several wind farm companies in Brazil.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.
On 18 January 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:

— Northrop Grumman Corporation (‘Northrop Grumman’, United States of Amercia),

— Orbital ATK, Inc (‘Orbital ATK’, United States of Amercia).

Northrop Grumman acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Orbital ATK.

The concentration is accomplished by way of purchase of shares.