Commission Decision of 24/11/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6378 - C1000 / SDB SUPERMARKET) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 24.11.2011 C(2011) 8808 final PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE |To the notifying party: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6378 - C1000/ SDB SUPERMARKET Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 26 October 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking C1000 B.V.
("C1000", the Netherlands), part of the CVC group, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over one supermarket in the Netherlands which currently operates under the Super de Boer formula ("SdB Supermarket") by way of purchase of assets. 2. The business activities of the undertakings concerned are: - for C1000: procurement, wholesale and retail of daily consumer goods and related services in the Netherlands. - for SdB Supermarket: retail of daily consumer goods [2] . 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 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] Publication in the Official Journal of the European Union No C 321, 4.11.2011, p. 16. [3] OJ C 56, 5.3.2005, p. 32.