CELEX: 32014M7171
Language: en
Date: 2014-03-28 00:00:00
Title: Commission Decision of 28/03/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7171 - VARO ENERGY / BAYERNOIL PACKAGE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 28/03/3014
                                        C(2014) 2243 final

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

Subject:    Case M.7171 - VARO ENERGY/ BAYERNOIL PACKAGE
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 5 March 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which Varo Energy ("Varo", The Netherlands), ultimately controlled by Vitol Holding BV, Rotterdam, (“Vitol",  The  Netherlands)  and  by  the
    Carlyle Group (“Carlyle”, US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over a set of  assets  and
    businesses - the "Bayernoil Package" - from OMV Deutschland GmbH, by way of purchase of shares and assets[2].

 2. The business activities of the undertakings concerned are:

      -     Varo is active in the oil sector, namely in refining, ex-refinery and non-retail sales, storage for heating  oil,  diesel,  gasoline,
           heavy fuel oil, kerosene, bitumen, recycled oil and lubricants as well as transportation of petroleum products;

      -     Vitol is active in the trading of various commodities and financial instruments relating in particular to the oil and gas sector;

      -     Carlyle is a global alternative asset manager;

      -     The Bayernoil Package is active in the refining and marketing of refined oil products predominantly in southern Germany and Austria.

 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[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
                                        (Signed)
                                        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 73, 12.03.2014, p. 35.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE