CELEX: 32014M7247
Language: en
Date: 2014-06-18 00:00:00
Title: Commission Decision of 18/06/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7247 - FRESENIUS SE & CO / SISTEMA JSFC / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 18.06.2014
                                        C(2014) 4224 final

|To the notifying party:                                            |                                                                   |
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Dear Madam(s) and/or Sir(s),

Subject:    Case M.7247 - FRESENIUS SE & CO / SISTEMA JSFC / JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 02.06.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
    which the undertakings Fresenius Kabi Deutschland GmbH, an indirectly wholly owned subsidiary  of  Fresenius  SE  &  Co.  KGaA  ("Fresenius",
    Germany), and Sistema JSFC ("Sistema", Russian Federation) acquire within the meaning of Article  3(1)(b)  of  the  Merger  Regulation  joint
    control of a newly created company constituting a joint venture, Fresenius Kabi Binnopharm GmbH & Co. KG ("Fresenius Kabi Binnopharm") by way
    of purchase of shares.[2]

 2.   The business activities of the undertakings concerned are:

      -     for Fresenius: a health care group, active in the development, marketing and  sales  of  medicines  and  technologies  for  infusion,
           transfusion and clinical nutrition, with main focus on dialysis treatements, including hospital care and medical care of  patient  at
           home, globally.

      -     for Sistema: an equity investment group active in the fields of telecommunications, oil, electric power, consumer goods,  high  tech,
           including biotechnology and pharmaceuticals, and other industries, mainly in the Russian Federation.

      -     for Fresenius Kabi Binnopharm: active in the fields of manufacture and distribution of pharmaceutical products, hepatitis B  vaccines
           and a range of biotech medications as well as infusion and blood substitution solutions, parenteral and enteral nutrition and generic
           oncological treatements in the Russian Federation and Commonwealth of Independent States.

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.[3]

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.

                                        For the Commission

                                        Alexander ITALIANER
                                        Director General
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[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]   Publication in the Official Journal of the European Union No C 164, 29.05.2014, p. 22.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE