CELEX: 32015M7547
Language: en
Date: 2015-03-31 00:00:00
Title: Commission Decision of 31/03/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7547 - VARO / GEKOL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 31/03/2015
                                        C(2015) 2341 final

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                                                                                |To the notifying party:                                                                                                                                            |  |
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Dear Madam(s) and/or Sir(s),

Subject:    Case M.7547 - VARO/ GEKOL
         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 4 March 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
      by which the undertaking Varo Energy Germany GmbH (“Varo Germany” of Germany) ultimately jointly controlled  by  Vitol  Holding  B.V.  (The
      Netherlands) and – indirectly – by funds managed by the Carlyle Group (USA), through CIEP II  S.à.r.l.,  acquires  within  the  meaning  of
      Article 3(1)(b) of the  Merger Regulation control of the whole of Kommanditgesellschaft GEKOL Mineralölhandel G.m.b.H. &  Co.  (“GEKOL”  of
      Germany) by way of purchase of shares.[3]

2.    The business activities of the undertakings concerned are:

  -   Varo Germany is active in the refining of crude oil, storage and distribution of refined oil products;

  -   GEKOL is active in the distribution of refined oil products such as gasoil (light heating oil), diesel, petrol (gasoline) and jet fuel.

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(c) 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)
                                        Alexander ITALIANER
                                        Director-General

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[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 091, 18.03.2015, p. 3.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE