CELEX: 32015M7751
Language: en
Date: 2015-09-09 00:00:00
Title: Commission Decision of 09/09/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7751 - CVC CAPITAL PARTNERS SICAV-FIS / PKP ENERGETYKA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 9.9.2015
                                        C(2015) 6306 final

                                        [pic]

|                                                                       |To the notifying party:                                                |

Dear Sirs,

Subject:    Case M.7751 – CVC CAPITAL PARTNERS SICAV-FIS / PKP ENERGETYKA
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 12/08/2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which the undertaking CVC Capital Partners SICAV-FIS SA (Luxembourg) (‘CVC’), through certain CVC Funds,  acquires  within  the  meaning  of
    Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking PKP Energetyka SA. (Poland) (‘PKP’) by way of  purchase  of
    shares.[3]

 2. The business activities of the undertakings concerned are:

      – for CVC: CVC Funds hold interests in a  number  of  companies  in  various  industries  including  chemicals,  utilities,  manufacturing,
        retailing and distribution, primarily in Europe, the US and the Asia-Pacific region,

      – PKP is an undertaking active in Poland in: (a) the distribution of electricity; (b) the sale of electricity  to  retail,  commercial  and
        industrial clients; (c) the provision of power engineering services, including: (i) the construction, modernisation  and  maintenance  of
        power distribution networks; (ii) the modernisation of railway infrastructure; (iii) the maintenance of traction  power  supply  systems;
        and (iv) other power engineering services; (d) the sale of diesel oil for diesel railway vehicles; and (e) the sale  of  natural  gas  to
        industrial and commercial clients.

 3. After examination of the notification, the European Commission has concluded that the notified operation  falls  within  the  scope  of  the
    Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment  of  certain  concentrations  under
    Council Regulation (EC) No 139/2004.[4]

 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose  the  notified  operation
    and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b)
    of the Merger Regulation and Article 57 of the EEA Agreement.

                                        For the Commission
                                        (signed)
                                        Johannes LAITENBERGER
                                        Director-General
-----------------------
[1]   OJ L 24, 29.1.2004, p. 1 (the "Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the  European  Union
    ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market"  by  "internal  market".  The
    terminology of the TFEU will be used throughout this decision.

[2]   OJ L 1, 3.1.1994, p. 3 ("the EEA Agreement").

[3]   Publication in the Official Journal of the European Union No C 276, 21.8.2015, p. 4.

[4]   OJ C 366, 14.12.2013, p. 5.

-----------------------
                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE