EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/12/2022

In electronic form on the EUR-Lex website under document number 32022M10884

EUROPEAN COMMISSION

Brussels, 19.12.2022 C(2022) 9913 final

PUBLIC VERSION

J&T CAPITAL PARTNERS, a.s. Sokolovská 700/113a 186 00 Prague 8 Czechia

EP Corporate Group, a.s. Pařížská 130/26 110 00 Prague 1 Czechia

Eroski, S. Coop Barrio San Agustín s/n 48230 Elorrio Vizcaya Spain

Dear Sir or Madam,

1.On 14 November 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which EP Corporate Group, a.s., (‘EPCG’, Czechia), solely controlled by Mr. Daniel Křetínský, J&T CAPITAL PARTNERS, a.s., (‘JTCP’, Czechia), indirectly controlled by PT Equity Investments SICAV, a Czech based investment fund established by Mr. Patrik Tkáč and J&T Private Equity Group Limited (‘JTPEG’, Cyprus) and Eroski, S. Coop, (‘Eroski’, Spain), belonging to EROSKI Group will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Supratuc2020. The

1OJ 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.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

3.concentration is accomplished by way of transfer of shares and an agreement on exercise of control.

The business activities of the undertakings concerned are the following:

- EPCG is a Czech investment holding company, active mainly in energy, infrastructure and media,

- JTCP is a Czech holding company, mainly active in energy and e-commerce sector,

- EROSKI is a retail distribution cooperative for daily consumer goods and services in Spain and is a benchmark retailer in the regions of Galicia, the Basque Country, Navarre, as well as Catalonia and the Balearic Islands (through Supratuc2020),

- Supratuc2020 is a Spanish holding company with 100% ownership in two companies active in the retail sale of daily consumer goods in Spain: Caprabo and Cecosa. Supratuc2020’s activities are focused on the retail sale of daily consumer goods segment through supermarkets located in the Spanish regions of Catalonia (through Caprabo) and the Balearic Islands (through Cecosa), respectively.

4.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.

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 and Article 57 of the EEA Agreement.

For the Commission

(Signed) Olivier GUERSENT Director-General

3Publication in the Official Journal of the European Union No C 446, 24.11.2022, p. 33.

4OJ C 366, 14.12.2013, p. 5.