CELEX: 32016M7899
Language: en
Date: 2016-01-25 00:00:00
Title: Commission Decision of 25/01/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7899 - ALIMENTATION COUCHE TARD / TOPAZ ENERGY GROUP / RESOURCE PROPERTY INVESTMENT FUND / ESSO IRELAND) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 25.01.2016
                                        C(2016) 445 final

                                        [pic]

                                        To the notifying party:

Dear Sirs,

Subject:    Case M.7899 - ALIMENTATION COUCHE TARD / TOPAZ ENERGY GROUP / RESOURCE PROPERTY INVESTMENT FUND / ESSO IRELAND
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 18 December 2015, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertaking 9121-2738 Québec Inc., ultimately controlled by Alimentation Couche-Tard Inc. ("ACT" of Canada) acquires
    within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the  undertakings  Topaz  Energy  Group  Limited
    ("Topaz" of Ireland), Resource Property Investment Fund Plc. ("RPIF" of Ireland) and Esso Ireland Limited ("Esso Ireland" of Ireland) by way
    of purchase of shares. [3]

 2. The business activities of the undertakings concerned are:

      -     ACT is a worldwide convenience store operator active in the EEA through its  petrol  station  network  in  Norway,  Sweden,  Denmark,
           Poland, Latvia, Lithuania and Estonia;

      -     Topaz is active in the non-retail and retail supply of motor fuels, lubricants, heating oil and  aviation  fuel  in  Ireland  and  in
           Northern Ireland;

      -     RPIF holds investments in a number of Topaz's properties including service stations and depots;

      -     Esso Ireland is active in the non-retail and retail supply of fuel products in Ireland.

 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)
                                        Johannes LAITENBERGER
                                        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]   OJ L 1, 3.1.1994, p. 3 ("the EEA Agreement").

[3]   Publication in the Official Journal of the European Union No C 437, 29.12.2015, p. 7.

[4]   OJ C 366, 14.12.2013, p. 5.

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    PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE