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Decision CPC 55_2022

ΚΥΠΡΙΑΚΗ ΔΗΜΟΚΡΑΤΙΑ Decision CPC: 55/2022 Case Number: 08.05.001.022.041 THE CONTROL OF CONCENTRATIONS BETWEEN ENTERPRISES LAW No. 83(Ι)/2014 Notification of concentration regarding the acquisition of the share capital of Scanjet Holding AB by Alfa Laval Corporate AB Commission for the Protection of Competition: Mrs. Loukia Christodoulou Chairperson Mr. Andreas Karydis Member Mr. Panayiotis Ousta Member Mr. Aristos Aristeidou Palouzas Member Mr. Polynikis-Panagiotis Charalambides Member Date of Decision: 25th of August 2022 SUMMARY OF THE DECISION On 18/07/2022, the Commission for the Protection of Competition (hereinafter the “Commission”) received on behalf of Alfa Laval Corporate AB (hereinafter the “Alfa Laval”), a notification of a proposed concentration. The notification was filed according to Section 10 of the Control of Concentrations between Enterprises Law 83(I)/14 (hereinafter the “Law”). The notification concerns a concentration, according to which Alfa Laval Corporate AB intends to acquire the share capital of Scanjet Holding AB (hereinafter the “Scanjet” or the “Target”). The participating parties of the transaction are the following: 1  Alfa Laval Corporate AB is active, directly or indirectly through subsidiaries or joint ventures, in Sweden and abroad, in the development, manufacture and sale of equipment and facilities, mainly in the fields of separation, heat exchange and technology flow, as well and the management of immovable and movable property and other operations related with them. Alfa Laval Corporate AB belongs to the Alfa Laval group, whose parent company is Alfa Laval AB (publ), a company duly registered under the laws of Sweden.  The Alfa Laval group is a global provider of products and solutions related to heat transfer and liquids separation and transport. Its products and solutions are used in many industries, including energy and utility services, household and personal care, food, dairy and beverage, shipping and transportation, pharmaceutical and biotechnology, water and sewage.  Scanjet is a company duly registered under the laws of Sweden. The Scanjet Group is active in the supply of cleaning products for sea tanks, water level measurement equipment, high level overflow alarms and vapor emission control systems, as well as the provision of industrial, offshore and marine design services. This concentration is based on the Share Purchase Agreement dated 16/06/2022 (hereinafter the “SPA”), which was agreed upon by and among the …………., as the Sellers, and Alfa Laval Corporate AB, as the Buyer. As stated in the Agreement, the Sellers agreed to sell and the Buyer agreed to buy the shares on the terms and conditions set out in the Agreement. Further, pursuant to the SPA, the Sellers agreed to sell and the Buyer agreed to purchase the shares, free and clear of all impediments, together with all the accrued benefits and rights attached thereto. The Commission, taking into account the facts of the concentration, has concluded that upon completion of this merger, Alfa Laval will acquire the sole control over the Target, in accordance with the provisions of section 6

(1)(a)(ii) of the Law. Furthermore, based on the information contained in the notification, the Commission found that the criteria set by section 3
(2)(
  1. a)of the Law were satisfied and therefore the notified concentration was of major importance falling within the scope of the Law. The relevant product/services market in this case were defined as
  2. a)the trade of new marine tank cleaning equipment, and (
  3. b)the after-sales service for marine tank cleaning equipment. In addition, the Commission concluded that the geographical 2 market is defined, for the relevant markets under reference, as that of the territory of the Republic of Cyprus. According to the parties there is no overlap between their activities. Moreover, there are no vertical relationships between the parties’ operations in Cyprus, and the present concentration does not affect any closely related neighboring markets. Based on the above data, there is no market affected by horizontal overlap and/or vertical relationship of the activities of the participating companies, as defined in Appendix I of the Law. In addition, there are no other markets in which the notified concentration may have a significant effect. The Commission, on the basis of the factual and legal circumstances, unanimously decided that this concentration does not create or strengthen a dominant position as there is no affected market and therefore the concentration does not raise serious doubts as to its compatibility with the operation of the competition in the market. Therefore, the Commission, acting in accordance with section 22 of the Law, unanimously decided not to oppose the notified concentration and declare it as being compatible with the operation of the competition in the market. Mrs. Loukia Christodoulou Chairperson of the Commission for the Protection of Competition Mr. Andreas Karydis Member of the Commission for the Protection of Competition Mr. Panayiotis Ousta Member of the Commission for the Protection of Competition Mr. Aristos Aristeidou Palouzas Member of the Commission for the Protection of Competition Mr. Polynikis-Panagiotis Charalambides Member of the Commission for the Protection of Competition 3

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