CELEX: 32016M8148
Language: en
Date: 2016-12-05 00:00:00
Title: Commission Decision of 05/12/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8148 - BRISA / AREAS / BRISAREAS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels,5.12.2016
            
            
               C(2016) 8354 final
            
            
               PUBLIC VERSIONPUBLIC VERSION
            
            
                  
                     
                     
                     
                     
                     
                     
            
            
            
               To the notifying parties:
            
            
               Subject:Case M.8148 - BRISA / AREAS / BRISAREAS
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 09 November 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Brisa – Auto-Estradas de Portugal S.A. ("Brisa", Portugal) and Áreas Portugal – Restauração e Distribução S.A. ("Áreas", Portugal), controlled by Elior S.A. (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Brisáreas ("BAS", Portugal) by way of purchase of shares in a newly created company constituting a joint venture.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Brisa: construction, maintenance and operation of motorways concessions; provision of services ancilliary to road mobility, in particular the "Via Verde" service; and provision of car inspection services;
            
            
               -for Áreas: provision of meals in a system of concession foodservices at airports, railway stations, motorways service areas and recreational areas. In Portugal, Áreas provides foodservices at airports and motorways;
            
            
               -for Brisáreas: management, operation and commercial development of service areas in certain motorways operated by Brisa in Portugal.
            
            
               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(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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               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 424, 18.11.2016, p. 12
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.