CELEX: 32013M7089
Language: en
Date: 2013-12-18 00:00:00
Title: Commission Decision of 18/12/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.7089 - ACKERMANS & VAN HAAREN / AANNEMINGSMAATSCHAPPIJ CFE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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                                     Brussels, 18.12.2013
                                     C(2013) 9687 final

                                        |To the notifying party:                                             |                                                                         |

Dear Madam(s) and/or Sir(s),

Subject:    Case No COMP/M.7089 - ACKERMANS & VAN HAAREN/ AANNEMINGSMAATSCHAPPIJ CFE
          Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

   1. On 18.11.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
      which Ackermans & van Haaren NV ("AvH", Belgium) acquires within the meaning of Article 3(1)(b) of the Merger Regulation  sole  control  of
      the whole of Aannemingsmaatschappij CFE NV ("CFE", Belgium) by way of purchase of shares.

   2. The business activities of the undertakings concerned are:

      -     AvH is a publicly listed, diversified holding company with activities in  dredging  and  marine  engineering,  construction,  private
           banking, real estate, leisure and senior care, energy and  resources,  ICT  and  engineering,  retail  and  distribution,  media  and
           printing, and investment funds.

      -     CFE is a publicly listed, multidisciplinary group active in  public  private  partnership  concessions,  construction,  real  estate,
           dredging and marine engineering, rail and road infrastructure, tertiary electricity, heating, ventilation, air-conditioning, sanitary
           facilities ("HVAC"), electricity and HVAC maintenance, and smoke treatment.[2] CFE’s dredging activities are carried out by  DEME  SA
           (Belgium), over which AvH has already joint control.

 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) and 5(d) of the Commission Notice on a simplified procedure for treatment of  certain  concentrations  under
    Council Regulation (EC) No 139/2004[3].

 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.

                                        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]   Publication in the Official Journal of the European Union No C 346, 27.11.2013, p.50.

[3]   OJ C 56, 5.3.2005, p. 32.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE