MERGERS: AMO SR approved the acquisition of Aupark in Žilina, in Košice and company Inlogis

03.02.2015
On January 27, 2015 the Antimonopoly Office of the Slovak Republic, Division of Concentrations approved the merger grounded in acquisition of indirect exclusive control of the undertaking NE Property Coöperatief U.A., seated in the Netherlands („NE PROPERTY„) over the undertakings AUPARK Žilina, spol. s r.o. („AUPARK ZA„), AUPARK Žilina SC („AUPARK ZA SC“), AUPARK KOŠICE, spol. s r.o. („AUPARK KE“), AUPARK Košice SC („AUPARK KE SC“), s.r.o. and AUPARK Tower Košice, s. r. o. („AUPARK TOWER KE“) and INLOGIS VI s.r.o. („INLOGIS VI“).

Company NE PROPERTY is indirectly controlled by the undertaking NEW EUROPE PROPERTY Investments PLC and it belongs to NEP GROUP economic group acting in the territory of the Slovak Republic and other European Union member states. In the territory of the Slovak Republic it controls the companies NEPI Slovak Centres One a.s., which is presently not active in business and company Žilina Shopping City s. r. o., which is service company for AUPARK ZA SC and for AUPARK ZA.

Prior to transfer the acquired companies belonged to portfolio of HB Group.

AUPARK ZA and AUPARK ZA SC act exclusively in the territory of the Slovak Republic; company AUPARK ZA owns the building of shopping centre Aupark in Žilina and its main business activity is rental of this building to the company AUPARK ZA SC; main business of company AUPARK ZA SC is sublease of retail premises in mentioned shopping centre.

AUPARK KE and AUPARK KE SC act exclusively in the territory of the Slovak Republic; company Aupark KE owns the building of shopping centre Aupark in Košice and its main business activity is rental of this building to the company AUPARK KE SC; main business of company AUPARK KE SC is sublease of retail premises in mentioned shopping centre. Company AUPARK TOWER owns the building of Aupark Tower in Košice, and its main business activity is rental of retail premises in mentioned buildings to the company AUPARK KE SC and rental of administrative premises in the mentioned building to third persons.

INLOGIS VI owns grounds and buildings of so-called „Malinovského kasárne“ in Košice and  to the date of concentration it does not undertake any business activities.

Company NE PROPERTY has acquired the control over the undertakings AUPARK ZA and AUPARK ZA SC already in 2013, and in December 2014 it acquired other companies. Since the transactions having been realized during two years were transactions of the undertakings from the same economic groups, the Office assessed all transactions as one merger established on a day of last transaction.

Prior to acquisition of control over the mentioned companies the undertaking NE PROPERTY was not active in the territory of the Slovak Republic in given segment, his activities and activities of other undertakings concerned do not horizontally overlap, either vertically no competition concern was identified. The Office concluded that the assessed merger does not infringe effective competition in the relevant market, mainly as result of creation or strengthening of dominant position and it approved the merger.

Decision came into force on February 2, 2015.

Last update:05.02.2015