Commission Decision of 18/08/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5888 - DELEK EUROPE / BP FRANCE RETAIL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) (.PICT.) |EUROPEAN COMMISSION | Brussels , 18.8.2010 SG-Greffe(2010) D/12729 C(2010) 5836 PUBLIC VERSION MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.5888 - DELEK EUROPE/ BP FRANCE RETAIL Notification of 20.07.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 205, 29.07.2010, p.16 1.
On 20.07.2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Delek Group ("Delek", Israel) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of part of BP France's retail fuels business [2] and joint control of Dépôt Pétrolier de Lyon (France) (jointly "BP France Retail") by way of purchase of shares (the "proposed transaction"). Within the proposed transaction Delek also acquires all the shares that BP France holds in Dépôt Pétrolier de la Corse (France) (21.50%). 2. The business activities of the undertakings concerned are: - Delek: active in fuel products, infrastructure, biochemical, energy, automotive, media, finance and wealth management sectors; - BP France Retail: active on the French market for the retail sale of motor fuels, associated convenience retail business at the service stations and selected storage terminals.
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 European Commission, (Signed) Alexander ITALIANER Director General [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] BP France Retail operates gas stations comprising retail sale of motor fuels, associated convenience retail business at the service stations and selected storage terminals. Its retails fuels business includes the key assets relating to the retail fuels business. [3] OJ C 56, 5.3.2005, p.
32 ("Notice on a simplified procedure").