CELEX: 32019M9303
Language: en
Date: 2019-03-12 00:00:00
Title: Commission Decision of 12/03/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9303 - L1R Invest1 / DIA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 12.3.2019
                                                                C(2019) 2080 final
                                                                            PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9303 - LETTERONE / DIA
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 18 February 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        L1R Invest1 Holdings S.à r.l. (‘L1R Invest1’) (Luxembourg), controlled by LetterOne
        Investment Holdings S.A. (Luxembourg) acquires within the meaning of Article 3(1)(b) of
        the Merger Regulation sole control over the whole of the undertaking Distribuidora
        Internacional de Alimentación, S.A. (‘DIA’) (Spain) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              for LetterOne Investment Holdings S.A.: a privately-owned Luxembourg-based
                 investment holding company targeting investments in the telecoms and technology,
                 healthcare and retail, and energy sectors,
              for DIA: an international food retailer and distributor of fast-moving and home and
                 personal care goods.
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 70, 25.2.2019, p. 13.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 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
4  OJ C 366, 14.12.2013, p. 5.
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