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: 17/02/2023

In electronic form on the EUR-Lex website under document number 32023M10973

EUROPEAN COMMISSION

Brussels, 17.2.2023 C(2023) 1283 final

PUBLIC VERSION

Altice Luxembourg S.A. 1 rue Hildegard von Bingen L-1282 Luxembourg Luxembourg

Vodafone Group Plc One Kingdom Street W2 6BY London United Kingdom

Dear Sir or Madam,

1.On 25 January 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Vodafone (“Vodafone”, UK) and Altice (“Altice”, Luxembourg) will establish and operate a joint-venture (“the JV”, Germany) in which they will acquire joint control within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation. The concentration is accomplished by way of purchase of shares.

The business activities are :

-For the undertakings concerned: (i) Vodafone is the holding company of a group primarily involved in the operation of mobile telecommunications networks and the provision of mobile telecommunications services, such as mobile voice, messaging and data services in ten Member States within the European Union, including Germany; (ii) Altice is a multinational convergent group specialising in telecommunications, content, media, entertainment and advertising and connecting customers via fibre network and mobile broadband;

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 41, 03.02.2023, p. 21.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

For the JV : (i) the roll-out and operation of fibre telecommunication networks (primarily focussed on the same geographic area (i.e. mainly urban) as Vodafone’s current coax cable network) in Germany, and (ii) the offering of wholesale access on an open access and non-discriminatory basis based on such fibre networks.

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.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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