Prior notification of a concentration (Case M.11308 – VODAFONE UK / THREE UK / VODAFONE UK HOLDINGS) – Candidate case for simplified procedure
Date: 2023-11-13
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, holding company, merger control, provision of services, telecommunications








C_202300910EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/910


13.11.2023






Prior notification of a concentration
(Case M.11308 – VODAFONE UK / THREE UK / VODAFONE UK HOLDINGS)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/910)


1.   
On 30 October 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:






—


Vodafone Group Plc, (‘Vodafone’) (UK). Vodafone controls Vodafone Limited (‘Vodafone UK’) (UK),










—


CK Hutchison Group Telecom Holdings Limited (‘CK Hutchison’) (UK). CK Hutchison controls Hutchison 3G UK Limited (‘Three UK’) (UK).




Vodafone and CK Hutchison will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Vodafone UK Holdings Limited (‘Vodafone UK Holdings’) (UK).
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:






—


Vodafone (UK) is the holding company of a group primarily involved in the operation of mobile and fixed telecommunications networks and the provision of mobile and fixed telecommunications services, such as voice, messaging and data services, principally across Europe and Africa. Vodafone controls Vodafone UK, a 100 % subsidiary of Vodafone, active as a Mobile Network Operator (‘MNO’) and active primarily in mobile services and the resale of fixed voice and broadband services,










—


CK Hutchison (UK), CK Hutchison consolidates the 3 Group businesses in Europe (with MNOs in Austria, Denmark, Ireland, Italy, Sweden and the UK) holding CK Hutchison’s interests in telecommunications operations in Europe and a 66.09 % interest in Hutchison Telecommunications Hong Kong Holdings holding CKHH’s interests in telecommunications operations in Hong Kong and Macau. Three UK is an indirect whollyowned subsidiary of CK Hutchison. Three UK is an MNO in the UK.




The business activities of Vodafone UK Holdings will be the combined activities of Vodafone UK and Three UK in the telecommunications sector in the UK.


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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (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.11308 – VODAFONE UK / THREE UK / VODAFONE UK HOLDINGS
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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2023/910/oj
ISSN 1977-091X (electronic edition)