CELEX: 32003M3160
Language: en
Date: 2003-05-27 00:00:00
Title: Commission Decision of 27/05/2003 declaring a concentration to be compatible with the common market (Case No COMP/M.3160 - CVC FUNDS / VITERRA) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)

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32003M3160

Commission Decision of 27/05/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3160 - CVC FUNDS / VITERRA) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)  

Official Journal 149 , 26/06/2003 P. 0018 - 0018

Commission Decision of 27/05/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3160 - CVC FUNDS / VITERRA) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)To the notifying party via the legal representativeDear Madam(s) and/or Sir(s),Subject: Case No. COMP/M.3160 - CVC Funds/Viterra Notification of 22.04.2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1] Publication in the Official Journal of the European Communities No. C 104 of 30.04.2003 - page 12[1]   OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.1. On 22.04.2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertaking Meter Acquisition GmbH & Co. KG, Germany ("Meter"), controlled by CVC Funds, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Viterra Energy Services AG, Germany ("Viterra"), controlled by the E.On group by way of purchase of shares. 2. The business activities of the undertakings concerned are the following :* Meter, the Acquiring Party, is one of the financial vehicles set up by a group of CVC Funds for the purpose of the current transaction. The CVC Funds are active in the field of private equity, providing investment and management of investment funds, mainly through long-term capitalisation and advice to a selected group of industrial corporations. * Viterra is active mainly in Germany in the business for consumption-based measurement and billing of heat, electricity, gas and water. It provides a range of services, including the supply and installation of metering equipment to the data collection and revenue management. 3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [2].  [2]   OJ C 217, 29.07.2000, p. 32.4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement.  This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89.For the CommissionSigned, Mario MONTI Member of the Commission