CELEX: 32020M9727
Language: en
Date: 2020-02-18 00:00:00
Title: Commission Decision of 18/02/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9727 - ACCORINVEST / ACCOR / HOTEL PORTFOLIO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 18.02.2020
                                                                C(2020) 1040 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9727 – ACCORINVEST / ACCOR / HOTEL PORTFOLIO
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 24 January 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which
        AccorInvest S.A. (Luxembourg) and Accor (France) acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the Hotel
        Portfolio by way of public bid announced on 17 December 2019.3
2.      The business activities of the undertakings concerned are:
           for AccorInvest: an investment company active in the business of owning and
               operating hotel properties and business. AccorInvest currently operates and/or
               owns 856 hotels located in Europe (France, Monaco, Austria, Belgium,Germany,
               Greece, Italy, Luxembourg, Netherlands, Portugal, Spain, Switzerland, United
               Kingdom), America (Argentina, Brazil, Chile, Colombia, Mexico, Peru), Africa
               (Cameroon, Ivory Coast, Senegal) Australia, Japan and Singapore;
             for Accor: a hotel group which is mainly active in the managing and franchising
              of hotels. Accor is mainly active in the hotel sector as a hotel manager and
              franchisor in Europe, Asia, the Middle East, Africa, North and Central America
              and South America;
             for Hotel Portfolio: a hotel portfolio consisting of 73 hotels properties including
              luxury, upscale, upper midscale and economy class hotels and business. The
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 35, 03.02.2020, p. 6.
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---         Hotel Portfolio is located in the Czech Republic, Hungary, Lithuania, Poland,
        Romania and Slovakia and provides hotel accommodation services in these
        countries. It is currently owned by the Polish investment firm Orbis, a subsidiary
        of Accor.
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 139/2004.4
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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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