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The Competition DG makes the information provided by the notifying parties in section 1.2 of Form CO available to the public in order to increase transparency. This information has been prepared by the notifying parties under their sole responsibility, and its content in no way prejudges the view the Commission may take of the planned operation. Nor can the Commission be held responsible for any incorrect or misleading information contained therein.
On 17 August 2020, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Fortenova grupa d.d. (“Fortenova”), the singular successor to Agrokor d.d. (“Agrokor”), will acquire sole control over Poslovni sistemi Mercator d.d. (“Mercator”) (the “Transaction”).
The Transaction relates to the broader debt-for-equity restructuring of the Agrokor group under which, on 1st April 2019 (the “Implementation Commencement Date”), the business and all the assets of the Agrokor group (with the exception of Mercator) were transferred under the terms of the restructuring to Fortenova group. As such, the Transaction effectively amounts to an acquisition by the restructured group (i.e. Fortenova group), of the controlling 69.57% equity stake in Mercator previously held by Agrokor. Therefore, the Transaction will result in Mercator once again becoming part of the same corporate group to which it belonged prior to the Implementation Commencement Date. As such, the Transaction is substantively akin to an internal restructuring.
Fortenova is registered in Croatia and its core business activities span the following sectors, that is, the retail and wholesale supply of groceries and daily consumer goods, food production and supply, as well as upstream agricultural activities. Fortenova was established solely for the purposes of implementation of the restructuring of Agrokor and began its business operations on the Implementation Commencement Date.
Mercator is headquartered in Slovenia and is the parent company of the Mercator Group, whose core activity is the supply of daily consumer goods to end consumers via a network of 1,051 retail stores throughout Slovenia, Bosnia and Herzegovina, Serbia and Montenegro.
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.