CELEX: 32019M9167
Language: en
Date: 2019-02-20 00:00:00
Title: Commission Decision of 20/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9167 - Patron Capital, V L.P. / Marriott International, Inc. / PEH Warsaw Bidco) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 20.2.2019
                                                                C(2019) 1556 final
                                                                   PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9167 - Patron Capital/Marriott International/PEH Warsaw Bidco
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 28 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings
        Patron Capital, V L.P. (the ‘Patron Fund’, Jersey), acting through its ultimate general
        partner, Patron Capital G.P. V Limited (Jersey) and Starwood Services Poland sp. z o.o.
        (Poland), belonging to Marriott International, Inc. (‘Marriott’, United States of America)
        acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint
        control of the Sheraton Warsaw Hotel (Poland) by way of purchase of shares and a pre-
        existing hotel management agreement.3
2.      The business activities of the undertakings concerned are:
             for the Patron Fund: investment in real estate projects across Europe,
             for Marriott: a diversified hospitality company, which acts as a manager and
              franchisor of hotels and timeshare properties,
             for the Sheraton Warsaw Hotel: a 5-star hotel located in Warsaw.
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(b) of
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 43, 04.02.2019, p. 10.
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---    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
4  OJ C 366, 14.12.2013, p. 5.
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