Official Journal C 245

Transcription

1 Official Journal C 245 of the European Union Volume 61 English edition Information and Notices 13 July 2018 Contents II Information INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES European Commission 2018/C 245/01 Non-opposition to a notified concentration (Case M.8973 Mitsui/Kansai/JV) ( 1 )... 1 IV Notices NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES European Commission 2018/C 245/02 Euro exchange rates /C 245/03 Summary of Commission Decision of 17 April 2018 establishing the specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of Public Power Corporation S.A. for extraction of lignite (Infringement Procedure Nr. 2003/4428) (Case AT Greek lignite and electricity markets) (notified under document C(2018) 2104)... 3 EN ( 1 ) Text with EEA relevance.

2 V Announcements PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY European Commission 2018/C 245/04 Prior notification of a concentration (Case M.9009 KKR/Casual Dining BidCo) Candidate case for simplified procedure ( 1 ) /C 245/05 Prior notification of a concentration (Case M.9008 Elixia Holding/TryghedsGruppen/Fitness DK Holding) Candidate case for simplified procedure ( 1 ) /C 245/06 Prior notification of a concentration (Case M.8666 Uralchem/Uralkali) Candidate case for simplified procedure ( 1 )... 7 ( 1 ) Text with EEA relevance.

3 EN Official Journal of the European Union C 245/1 II (Information) INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES EUROPEAN COMMISSION Non-opposition to a notified concentration (Case M.8973 Mitsui/Kansai/JV) (Text with EEA relevance) (2018/C 245/01) On 6 July 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 ( 1 ). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available: in the merger section of the Competition website of the Commission ( This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, in electronic form on the EUR-Lex website ( under document number 32018M8973. EUR-Lex is the online access to European law. ( 1 ) OJ L 24, , p. 1.

4 C 245/2 EN Official Journal of the European Union IV (Notices) NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES EUROPEAN COMMISSION Euro exchange rates ( 1 ) 12 July 2018 (2018/C 245/02) 1 euro = Currency Exchange rate USD US dollar 1,1658 JPY Japanese yen 131,13 DKK Danish krone 7,4554 GBP Pound sterling 0,88263 SEK Swedish krona 10,3350 CHF Swiss franc 1,1642 ISK Iceland króna 125,40 NOK Norwegian krone 9,4443 BGN Bulgarian lev 1,9558 CZK Czech koruna 25,938 HUF Hungarian forint 325,28 PLN Polish zloty 4,3272 RON Romanian leu 4,6588 TRY Turkish lira 5,6364 AUD Australian dollar 1,5778 Currency Exchange rate CAD Canadian dollar 1,5369 HKD Hong Kong dollar 9,1494 NZD New Zealand dollar 1,7240 SGD Singapore dollar 1,5889 KRW South Korean won 1 312,52 ZAR South African rand 15,6488 CNY Chinese yuan renminbi 7,7780 HRK Croatian kuna 7,3975 IDR Indonesian rupiah ,54 MYR Malaysian ringgit 4,7089 PHP Philippine peso 62,378 RUB Russian rouble 72,4169 THB Thai baht 38,775 BRL Brazilian real 4,5049 MXN Mexican peso 22,0857 INR Indian rupee 79,8805 ( 1 ) Source: reference exchange rate published by the ECB.

5 EN Official Journal of the European Union C 245/3 Summary of Commission Decision of 17 April 2018 establishing the specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of Public Power Corporation S.A. for extraction of lignite (Infringement Procedure Nr. 2003/4428) (Case AT Greek lignite and electricity markets) (notified under document C(2018) 2104) (Only the Greek text is authentic) (2018/C 245/03) On 17 April 2018, the Commission adopted a decision relating to a proceeding under Article 106(3) of the Treaty on the Functioning of the European Union. The Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets. (1) By Decision of 5 March 2008, the Commission found that the Hellenic Republic had infringed Article 106(1) in conjunction with Article 102 TFEU, to the extent that it granted and maintained privileged rights to PPC for the exploitation of lignite in Greece, thereby creating inequality of opportunity for PPC s competitors as regards access to lignite-fired production of electricity and enabling PPC to maintain its dominant position on the Greek wholesale electricity market by excluding or hindering market entry by new-comers. (2) By Decision of 4 August 2009, the Commission made binding a number of measures proposed by the Hellenic Republic with a view to ensure access by competitors of PPC to lignite-fired generation, by granting exploitation rights on four lignite deposits through tender procedures to entities other than PPC. The measures accepted by the Commission in the 2009 Decision have not been implemented by the Hellenic Republic, nor have been any alternative measures. (3) By judgments of 15 December 2016, the General Court upheld the Commission Decisions of 2008 and In light of the current market circumstances, the implementation of remedies is still relevant. In order to increase competition in the Greek market, PPC s competitors need to have access to base-load capacity, which in Greece is still significantly dependent on lignite, in particular during off-peak periods. (4) On 1 December 2017, the Hellenic Republic proposed a new set of remedies to the Commission encompassing access to third parties to lignite-fired electricity generation, at the same time taking into account the changes in Greece s environmental policy and the EU s 2020 objectives to reduce CO 2 emissions. The Commission market tested the remedies between 14 December 2017 and 5 January The Hellenic Republic submitted the final version of the remedies on 19 January (5) Under the remedies made binding by the present Decision, the Hellenic Republic commits to procure PPC to divest three existing lignite-fired units together with the related mines and personnel. These remedies will allow increasing competition in the Greek wholesale electricity market through fair and equal access to existing lignite-fired electricity generation. At the same time, by divesting existing lignite-generation capacity and avoiding the further opening and exploitation of new lignite mines, the remedies also take into account Greece s environmental targets and the EU s 2020 objectives to reduce CO 2 emissions.

6 C 245/4 EN Official Journal of the European Union V (Announcements) PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY EUROPEAN COMMISSION Prior notification of a concentration (Case M.9009 KKR/Casual Dining BidCo) Candidate case for simplified procedure (Text with EEA relevance) (2018/C 245/04) 1. On 5 July 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ). This notification concerns the following undertakings: KKR & Co. Inc. ( KKR, United States), Casual Dining BidCo Limited ( Casual Dining, United Kingdom). KKR acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of Casual Dining. The concentration is accomplished by way of purchase of shares. 2. The business activities of the undertakings concerned by the notified concentration are as follows: KKR is a global investment firm which offers a broad range of alternative asset management services to public and private market investors and provides capital markets solutions for the firm, its portfolio companies and clients. Casual Dining operates restaurants in the United Kingdom and abroad. 3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 ( 2 ) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. 4. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified: M.9009 KKR/Casual Dining BidCo ( 1 ) OJ L 24, , p. 1 (the Merger Regulation ). ( 2 ) OJ C 366, , p. 5.

7 EN Official Journal of the European Union C 245/5 Observations can be sent to the Commission by , by fax, or by post. Please use the contact details below: COMP-MERGER-REGISTRY@ec.europa.eu Fax Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

8 C 245/6 EN Official Journal of the European Union Prior notification of a concentration (Case M.9008 Elixia Holding/TryghedsGruppen/Fitness DK Holding) Candidate case for simplified procedure (Text with EEA relevance) (2018/C 245/05) 1. On 5 July 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ). This notification concerns the following undertakings: Elixia Holding S.a.r.l ( Elixia, Sweden), controlled by Altor Funds (Norway), TryghedsGruppen smba ( TryghedsGruppen, Denmark). Fitness DK ( Fitness DK, Denmark). Elixia (controlled by Altor Funds) and Tryghedsgruppen acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Fitness DK. The concentration is accomplished by way of purchase of shares. 2. The business activities of the undertakings concerned are: for Elixia: holding company of the Nordic Fitness Chain Health and Fitness Nordic ( HFN ). HFN operates fitness centres in Sweden, Norway and Finland. Altor funds comprise four private equity funds that invest in business sectors ranging from consumer goods and retail to heavy industry and energy. for TryghedsGruppen: a member based organisation that controls the non-life insurance company Tryg. Trygheds Gruppen also has non-controlling partnership interests in the healthcare services sector and in HFN. Fitness DK: holding company of the Danish fitness centre operator Fitness DK A/S 3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 ( 2 ) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. 4. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified: M.9008 Elixia Holding/TryghedsGruppen/Fitness DK Holding Observations can be sent to the Commission by , by fax, or by post. Please use the contact details below: COMP-MERGER-REGISTRY@ec.europa.eu Fax Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË ( 1 ) OJ L 24, , p. 1 (the Merger Regulation ). ( 2 ) OJ C 366, , p. 5.

9 EN Official Journal of the European Union C 245/7 Prior notification of a concentration (Case M.8666 Uralchem/Uralkali) Candidate case for simplified procedure (Text with EEA relevance) (2018/C 245/06) 1. On 6 July 2018, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 ( 1 ). This notification concerns the following undertakings: Joint Stock Company United Chemical Company Uralchem ( Uralchem ) (Russia), Public Joint Stock Company Uralkali ( Uralkali ) (Russia). Uralchem acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Uralkali. The concentration is accomplished by way of purchase of shares. 2. The business activities of the undertakings concerned are: for undertaking Uralchem: production and distribution of mineral fertilizers. for undertaking Uralkali: production and distribution of potash as well as related/derivative potassium salts. 3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 ( 2 ) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. 4. The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified: M.8666 Uralchem/Uralkali Observations can be sent to the Commission by , by fax, or by post. Please use the contact details below: COMP-MERGER-REGISTRY@ec.europa.eu Fax Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË ( 1 ) OJ L 24, , p. 1 (the Merger Regulation ). ( 2 ) OJ C 366, , p. 5.

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