22.12.2005   

EN

Official Journal of the European Union

C 325/3

Prior notification of a concentration

(Case COMP/M.4028 — Flaga/Progas/JV)

(2005/C 325/03)

(Text with EEA relevance)

1.

On 14 December2005, the Commission received a 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) by which the undertakings Flaga GmbH (‘Flaga’, Austria) controlled by Eastfield International Holdings, Inc. and Progas GmbH & Co KG (‘Progas’, Germany) controlled by Familie Julius Thyssen Beteiligungsgesellschaft mbH acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (‘JV’) by way of purchase of shares. In a related transaction, Flaga acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Progas Flüssiggas HandelsGmbH (‘Progas Austria’, Austria) controlled by Progas by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—

for Flaga: wholesale and retail sales and distribution of liquefied petroleum gas,

—

for Progas: wholesale and retail sales and distribution of liquefied petroleum gas,

—

for JV: wholesale and retail sales and distribution of liquefied petroleum gas,

—

for Progas Austria: wholesale and retail sales and distribution of liquefied petroleum gas in Austria.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

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. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4028 — Flaga/Progas/JV, to the following address:

European Commission

Competition DG

Merger Registry

J-70

B-1049 Brussels

(1)  OJ L 24, 29.1.2004, p. 1.