Commission Decision of 19/12/2002 declaring a concentration to be compatible with the common market (Case No IV/M.3034 - CVC GROUP / EL ARBOL) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 008 , 14/01/2003 P. 0008 - 0008 Brussels, 19/12/2002 SG (2002) D/233392 To the notifying party , Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.3034 – CVC Group/El Arbol Notification of 21/11/2002 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1] Publication in the Official Journal of the European Communities C298,30/11/02. 1. On 21.11.2002, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertaking CVC Capital Partners Group, Ltd (“CVC ”, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Grupo El Arbol Distribución y Supermercados, S.A.U.
(“El Arbol”, Spain), currently controlled by Laurus Luxembourg SQRL (“Laurus”, Luxembourg), by way of purchase of shares. 2. The business activities of the undertakings concerned are : - for CVC Group: Provision of investment and management advice to investment funds. - for El Arbol: retail sales of food and other non-specialised merchandise. 3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [2].
4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89. For the Commission Mario MONTI Member of the Commission [1] OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17. [2] OJ C 217, 29.07.2000, p. 32. --------------------------------------------------