CELEX: 32020M9877
Language: en
Date: 2020-08-27 00:00:00
Title: Commission Decision of 27/08/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9877 - PRO DIAGNOSTIC GROUP / FUTURELIFE / DISCARE CZ JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 27.08.2020
                                                                C(2020) 5954 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9877– PRO DIAGNOSTIC GROUP / FUTURELIFE / DISCARE
                CZ JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
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                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 3 August 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Pro Diagnostic
        Group, a.s (“PDG”, Slovakia), controlled by Ribera Salud Infraestructuras, S.L.U.
        (Spain) and Pro Partners Holding, a.s. (Slovakia), and FutureLife a.s. (“FutureLife”,
        Czechia), ultimately controlled by Mr. Zbyněk Průša, acquire within the meaning of
        Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking
        DISCARE a.s. (‘‘JV’’, Czechia). The concentration is accomplished by way of
        purchase of shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        −     for PDG: it operates 12 diagnostic imaging centres in private health facilities in
              Slovakia in the Magnetic Resonance Imaging, X-Ray, Computed Tomography /
              Positron Emission Tomography and Ultrasonography modalities;
        −     for FutureLife: active in the provision of healthcare services and laboratories. The
              FutureLife group companies mainly operate healthcare clinics providing services
              in the field of assisted reproduction in central Europe. Some group companies
              also operate outpatient and inpatient clinics specialized in medical care in areas
              such as rheumatology, andrology, venous surgery, gastroenterology, urology,
              treatment of Crohn’s disease and other inflammatory bowel diseases, and plastic
              surgery;
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 261, 10.8.2020, p. 2.
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---    −    for the JV: it will operate a diagnostic imaging centre offering X-Ray and
        Magnetic Resonance Imaging services in Prague.
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) and 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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