CELEX: 32013M7082
Language: en
Date: 2013-12-06 00:00:00
Title: Commission Decision of 06/12/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.7082 - EVO / PKO / eSERVICE JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 6.12.2013
                                        C(2013) 9024 final

                                        |To the notifying parties:                                          |                                                                   |

Dear Madam/Sir,

Subject:    Case No COMP/M.7082 - EVO/ PKO/ eSERVICE JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 11 November 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation
    by which EVO Payments International LLC ("EVO", USA) ultimately controlled by EVO Holdco, Inc.  (USA)  and  Madison  Dearborn  Partners,  LLC
    (USA), and Powszechna Kasa Oszczędności Bank Polski S.A.("PKO", Poland)  acquire  within  the  meaning  of  Article  3(1)(b)  of  the  Merger
    Regulation joint control over Centrum Elektronicznych Usług Płatnicznych S.A. ("eService", Poland) by way of purchase of shares.

2.     The business activities of the undertakings concerned are:

      -     for EVO: activities in the field of electronic transaction payment processing and related services in the USA, Canada and the EEA;

      -     for PKO: activities in the field of banking and financial services, including retail, corporate  and  investment  banking,  brokerage
           services, leasing, factoring,  investment and pension funds and housing development services;

      -     for eService: activities in the field of processing of card payments made at Point of Sale terminals (POS) or through  the  Internet,
           prepaid mobile phones, top-ups sales via POS terminals and provides cash withdrawal services.

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 paragraphs 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[2].

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]   OJ C 56, 5.3.2005, p. 32.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE