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: 20/06/2022

In electronic form on the EUR-Lex website under document number 32022M10635

EUROPEAN COMMISSION

Brussels, 20.06.2022 C(2022) 4326 final

PUBLIC VERSION

CVC Capital Partners SICAV-FIS S.A. 20 Avenue Monterey L-2163 – Luxembourg Luxembourg

Hartenberg Holding, s.r.o. Na příkopě 859/22, Nové Město 110 00 – Praha 1 Czechia

Dear Sir or Madam,

1.1. On 20 May 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which CVC Capital Partners SICAV-FIS S.A. ("CVC", Luxembourg) and Hartenberg Holding, s.r.o. ("HTB", Czech Republic) will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of FutureLife, a.s. ("FL", Czech Republic), controlled by HTB by way of purchase of shares.

2. The business activities of the undertakings concerned are the following:

−− CVC, its subsidiaries and affiliated companies are privately owned entities whose activities include providing investment advice to and/or managing investments on behalf of certain investment funds and platforms. One of CVC’s portfolio companies, Mehiläinen, offers In-Vitro-Fertilization ("IVF") treatments in clinics in Finland,

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’).

3Publication in the Official Journal of the European Union No C 218, 2.6.2022, p. 13.

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.

−− HTB is a company focused on investments in assets in the Central European Region, primarily Czech Republic, Slovakia and Poland, and is the current sole controlling shareholder of FL,

−− FL is active in the provision of reproductive medicine in various countries across Europe, in particular IVF treatment and ancillary services. FL’s business in Finland and Estonia will not form part of the proposed concentration, and will be transferred to, and remain solely controlled by, HTB.

3.3. 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.

4.4. 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 and Article 57 of the EEA Agreement.

For the Commission

(Signed) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.

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