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: 24/05/2024

In electronic form on the EUR-Lex website under document number 32024M11461

EUROPEAN COMMISSION

Brussels, 24.5.2024 C(2024) 3592 final

PUBLIC VERSION

Kuwait Petroleum Italia S.p.A. Viale dell’Oceano Indiano 13 00144 Rome Italy

Fox Petroli S.p.A. Via Senigallia 29 61122 Pesaro Italy

Dear Sir or Madam,

(1) On 26 April 2024, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertaking(s) Kuwait Petroleum Italia S.p.A. (“Kupit”, Italy), controlled by Kuwait Petroleum Corporation (Kuwait), and Fox Petroli S.p.A. (“Fox Petroli”, Italy), controlled by Fox Petrolifera Italiana S.p.A. (Italy), will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Eco Fox S.r.l. (“Eco Fox”, Italy), which is currently solely controlled by Fox Petroli, by way of 3 purchase of shares. ()

(2) The business activities of the undertakings concerned are the following:

– Kupit is active in fuel distribution, the sale of lubricants and fuels for marine use and aviation, and the production of biofuels,

– Fox Petroli is active in the transport, storage, processing and marketing of petroleum products, biofuels, and their by-products.

1() OJ 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.

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

3() OJ C, C/2024/3108, 6.5.2024.

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

(3) Eco Fox is active in the production and commercialization of biofuels and by-products.

(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 (d) of the Commission Notice on a simplified treatment for certain 4 concentrations under Council Regulation (EC) No 139/2004. ( )

(5) For the reasons set out in the Notice on a simplified treatment, 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

4() OJ C 160, 5.5.2023, p. 1 (the ‘Notice on a simplified treatment’).

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