CELEX: 32021M10111
Language: en
Date: 2021-03-08 00:00:00
Title: Commission Decision of 08/03/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10111 - CVC / VIVARTIA HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 8.3.2021
                                                                C(2021) 1642 final
                                                                                 PUBLIC VERSION
                                                                CVC Capital Partners SICAV-FIS S.A.
                                                                20 Avenue Monterey
                                                                2163 Luxembourg
                                                                Luxembourg
Subject:        Case M.10111 – CVC / VIVARTIA HOLDINGS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 12 February 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which CVC Capital
        Partners SICAV-FIS S.A. (‘CVC Capital Partners’, Luxembourg), acquires within the
        meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of the whole
        of Vivartia Holdings S.A. (‘Vivartia Holdings’, Greece). The concentration is
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        accomplished by way of purchase of shares.
2.      The business activities of the undertakings concerned are:
             for CVC Capital Partners: CVC Capital Partners and its subsidiaries manage
              investment funds and platforms,
             for Vivartia Holdings: production and sale of various dairy products, juices,
              mixed frozen, and ready-to-cook vegetable combinations. Vivartia Holdings is
              also the owner and franchisor of several branded restaurants and coffee shops,
              and also serves other restaurants, cafés, and pastry shops.
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
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 59, 19.02.2021, p. 12.
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---    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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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