CELEX: 32021M10476
Language: en
Date: 2021-10-25 00:00:00
Title: Commission Decision of 25/10/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10476 - SCHWARZ GROUP / CESPA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 25.10.2021
                                                                C(2021) 7840 final
                                                                                 PUBLIC VERSION
                                                                PreZero International GmbH
                                                                Stiftsbergstrasse 1
                                                                74172 Neckarsulm
                                                                Germany
Subject:         Case M.10476 — SCHWARZ GROUP / CESPA
                 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 30 September 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking PreZero International GmbH, Germany (“PreZero”, Germany) belonging
        to the Schwarz Group (Germany), acquires within the meaning of Article 3(1)(b) of
        the Merger Regulation control over the whole of the undertaking Compañia Española
        de Servicios Públicos Auxiliares S.A.U. (“Cespa”, Spain) controlled by Ferrovial
        International SE, Spain (“Ferrovial”, Spain) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     PreZero is active in the collection, sorting, processing and recycling of waste.
              PreZero is part of Schwarz Group which is mainly active in food retailing through
              its retail chains Lidl and Kaufland,
        −     Cespa provides waste management services in Spain as well as waste
              management and facility management services in Portugal.
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 406, 8.10.2021, p. 8.
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--- 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 (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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