Prior notification of a concentration (Case M.11263 – EF EXCLUSIVE CARS / FG AUTOMOBIL HOLDING / FG EXCLUSIVE CARS JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 313/04
Date: 2023-09-04
Institutions: Directorate-General for Competition, European Commission
Subjects: Germany, economic concentration, general mechanical engineering, light-duty vehicle, merger control, motor car, provision of services, retail selling, used goods, vehicle parts








C_2023313EN.01000401.xml










4.9.2023   


EN


Official Journal of the European Union


C 313/4






Prior notification of a concentration
(Case M.11263 – EF EXCLUSIVE CARS / FG AUTOMOBIL HOLDING / FG EXCLUSIVE CARS JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 313/04)

1.   
On 25 August 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:






—


Emil Frey Exclusive Cars GmbH (‘EF Exclusive Cars’, Germany), belonging to the Emil Frey group (Switzerland),










—


Feser, Graf & Co. Automobil Holding GmbH (‘FG Automobil Holding’), belonging to the Feser Graf group (both Germany).




EF Exclusive Cars and FG Automobil Holding will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture, Feser Graf Exclusive Cars GmbH (Germany).
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 the following:






—


EF Exclusive Cars is active in the retail sale of passenger cars, retail sale of original equipment (‘OE’) spare parts as well as in the provision of vehicle repair services in Germany,










—


FG Automobil Holding is active in the retail sale of new and used passenger cars and light commercial vehicles, retail sale of OE spare parts, and the provision of vehicle repair services in Germany.






3.   
The business activities of Feser Graf Exclusive Cars GmbH will be the following:






—


Retail sale of new and used passenger cars and light commercial vehicles, retail sale of OE spare parts, and the provision of vehicle repair services in Germany.






4.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


5.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.11263 – EF EXCLUSIVE CARS / FG AUTOMOBIL HOLDING / FG EXCLUSIVE CARS JV
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.