Prior notification of a concentration (Case M.11461 – KUWAIT PETROLEUM ITALIA / FOX PETROLI / ECO FOX) – Candidate case for simplified procedure
Date: 2024-05-06
Institutions: Directorate-General for Competition, European Commission
Subjects: biofuel, by-product, distributor, economic concentration, fuel, lubricants, merger control, petrochemicals








C_202403108EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3108


6.5.2024






Prior notification of a concentration
(Case M.11461 – KUWAIT PETROLEUM ITALIA / FOX PETROLI / ECO FOX)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/3108)


1.   
On 26 April 2024, 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:






—


Kuwait Petroleum Italia S.p.A. (‘Kupit’, Italy), controlled by Kuwait Petroleum Corporation (‘KPC’, Kuwait),










—


Fox Petroli S.p.A. (‘Fox Petroli’, Italy), controlled by Fox Petrolifera Italiana S.p.A. (‘Fox Petrolifera’, Italy), which is privately owned by individuals controlling at least one other undertaking,










—


Eco Fox S.r.l. (‘Eco Fox’, Italy).




Kupit and Fox Petroli will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Eco Fox.
The concentration is accomplished by way of purchase of shares.


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






—


Kupit is active in fuel distribution, the sale of lubricants and fuels for marine use and aviation, and the production of biofuels,










—


Fox Petroli is active in the transport, storage, processing and marketing of petroleum products, biofuels, and their by-products.






3.   

Eco Fox is active in the production and commercialization of biofuels and by-products.



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 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.


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.11461 – KUWAIT PETROLEUM ITALIA / FOX PETROLI / ECO FOX
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/2024/3108/oj
ISSN 1977-091X (electronic edition)