CELEX: 32014M7183
Language: en
Date: 2014-03-11 00:00:00
Title: Commission Decision of 11/03/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7183 - KENDRICK / TOPAZ / RPIF) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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                                        Brussels, 11.03.2014
                                        C(2014)1705

                                        To the notifying party

Dear Madam(s) and/or Sir(s),

Subject:    Case COMP/M.7183 - KENDRICK / TOPAZ / RPIF
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 10 February 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation
    by which the undertaking Kendrick Investments Limited ("Kendrick", Isle of Man), controlled by Denis O'Brien, acquires within the meaning  of
    Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Topaz Energy Group Limited ("Topaz", Ireland) and  Resource
    Property Investment Fund PLC ("RPIF", Ireland) by way of purchase of shares[2].

 2. The business activities of the undertakings concerned are:

      -     for Kendrick: radio broadcasting; online recruitment; franchising and operating of  coffee  shops;  provision  of  disaster  recovery
           services; aircraft leasing; provision of mobile phone networks; energy;

      -     for Topaz: retail sale of motor fuels, lubricants, home heating oil and convenience  goods;  non-retail  sale  of  petrol,  kerosene,
           gasoil, lubricants, aviation fuel, heavy fuel oil and light fuel oil;

      -     for RPIF: property investments and leasing.

 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 047, 19.02.2014, p.8
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE