CELEX: 32013M7099
Language: en
Date: 2013-12-19 00:00:00
Title: Commission Decision of 19/12/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.7099 - ARX / DARBY / GRAMEX / GFI) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 19.12.2013
                                        C(2013) 9771 final

                                        |To the notifying parties                                           |                                                                   |
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Subject:    Case No COMP/M.7099 - ARX/ DARBY/ GRAMEX/ GFI
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 18 November 2013, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council  Regulation
    (EC) No 139/2004[2] by which the undertakings ARX CEE III L.P. ("ARX", Jersey) and Darby Converging Europe Fund  III  (SCS)  SICAR  ("Darby",
    Luxembourg), the latter belonging to Franklin Resources Inc. ("Franklin Templeton Group", United States),  acquires  within  the  meaning  of
    Article 3(1)(b) of the Merger Regulation joint control of the undertakings Gramex 2000 Kereskedelmi Korlátolt Felelősségű Társaság ("Gramex",
    Hungary) and G.F Investment Korlátolt Felelősségű Társaság ("GFI", Hungary) by way of purchase of shares.

 2. The business activities of the undertakings concerned are:

      -     for ARX: private equity fund active in Central and Eastern Europe,

      -     for Darby: private equity fund focusing on mezzanine investments active in Central and Eastern Europe and Turkey,

      -     for Gramex: manufacture and distribution of non-alcoholic beverages, including carbonated and non-carbonated soft drinks,

      -     for GFI: bottling services for private label manufacturers and distributors, including non-alcoholic beverages.

 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 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 342, 22.11.2013, p. 11.

[3]   OJ C 56, 5.3.2005, p. 32.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE