Prior notification of a concentration (Case M.11328 – XXXLUTZ / CONFORAMA ESPAÑA / CONFORAMA PORTUGAL) – Candidate case for simplified procedure
Date: 2023-11-24
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, furniture industry, household article, household electrical appliance, merger control, retail trade, wholesale trade








C_202301200EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1200


24.11.2023






Prior notification of a concentration
(Case M.11328 – XXXLUTZ / CONFORAMA ESPAÑA / CONFORAMA PORTUGAL)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/1200)


1.   
On 16 November 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:






—


XXXLutz Group (Austria), and in particular two entities in the group controlled by Mr. Andreas Seifert, i.e. MW Holding GmbH (‘MW Holding’, Austria) and CAFS Invest GmbH (‘CAFS Invest’, Austria),










—


Conforama España SA (‘Conforama Spain’, Spain), controlled by Ibex Topco B.V,










—


Conforama Portugal S.A (‘Conforama Portugal’, Portugal), controlled by Ibex Topco B.V.




MW Holding and CAFS Invest will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Conforama Spain and Conforama Portugal.
The concentration is accomplished by way of purchase of shares and assets.


2.   
The business activities of the undertakings concerned are the following:






—


CAFS Invest and MW Holding are mainly active in the retail sale of furniture, furnishings and household goods and, to a more limited extent, electronics and appliances and have minor activities in the manufacture of furniture and the wholesale of furniture, furnishings and household goods and electronics and appliances,










—


Conforama Spain and Conforama Portugal are active in the retail sale of furniture, furnishings and household goods and electronics and appliances.






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.11328 – XXXLUTZ / CONFORAMA ESPAÑA / CONFORAMA PORTUGAL
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/2023/1200/oj
ISSN 1977-091X (electronic edition)