On 17 September 2018 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office") approved the merger which, according to the merger notification is grounded in the acquisition of indirect exclusive control by the undertaking Dr. Martin Čepel, Ph.D., MBA (hereafter "Dr. Čepel") over the part of the assets based on which the turnover can be reached by the undertaking OKTAN, a.s., seated at Slavkovská 9, 060 42 Kežmarok (hereafter "Oktan") on the basis of the long-term lease of assets for the operation of 12 petrol stations.
The undertaking Dr. Čepel jointly or exclusively controls companies operating in the retail sales of fuel and other goods at petrol stations, in the rental and operation of real estates, construction of residential buildings, advertising and catering services. The acquired part of the undertaking Oktan represents the assets used to operate 12 petrol stations.
Given that the economic group of Dr. Čepel and the undertaking Oktan operate in the retail sale of fuel and other goods at petrol stations, the Office focused on the horizontal assessment of the transaction concerned. Based on the number of petrol stations which will be controlled by Dr. Čepel after the merger, their deployment within the Slovak Republic, and due to the existence of significant competitors with stronger geographical coverage of the Slovak Republic, from the Slovak side of view the merger concerned does not give rise to competition concerns. Nor does it give rise to competition concerns from the local side of view, as in the territory of the city of Topoľčany and in its immediate surrounding (the only locality, where petrol stations of both parties to the merger are located) will be enough independent operators of petrol stations after the merger, too.
After the assessment of the documentation and information obtained during the administrative proceedings, the Office came to the conclusion that the merger in question is in accordance with the Article 12 Paragraph 1 of the Act, since it does not significantly impede effective competition in the relevant market, in particular as the result of the creation or strengthening of a dominant position.
The decision came into force on 3 October 2018.