Important legal notice

Commission Decision of 02/12/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6427 - HERMES EUROPE / ARMADILLO HOLDING / B2C) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|EUROPEAN COMMISSION | Brussels , 02.12.2011 C(2011) 9120 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6427 - HERMES EUROPE/ ARMADILLO HOLDING/ B2C Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 4 November 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Hermes Europe GmbH ('Hermes', Germany) belonging to the Otto group and Armadillo Holding GmbH ('Armadillo', Germany), jointly controlled by LaPoste S.A. and the Arikanli Group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of B2C Limited Liability Company ('B2C', Russia) by way of purchase of shares [2] . 2. The business activities of the undertakings concerned are: – for Hermes : provider of transportation and logistics services; – for Armadillo : provider of transportation and logistics services, especially in Eastern Europe; – for B2C : active in Russia in the delivery of parcels to consumers, either from businesses or from other consumers 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(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] . 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. For the Commission (signed) Alexander ITALIANER Director General [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] Publication in the Official Journal of the European Union No C 335, 16.11.2011, p.24 [3] OJ C 56, 5.3.2005, p. 32.

|EUROPEAN COMMISSION |

Brussels , 02.12.2011

C(2011) 9120

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties: |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6427 - HERMES EUROPE/ ARMADILLO HOLDING/ B2C Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 4 November 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Hermes Europe GmbH ('Hermes', Germany) belonging to the Otto group and Armadillo Holding GmbH ('Armadillo', Germany), jointly controlled by LaPoste S.A. and the Arikanli Group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of B2C Limited Liability Company ('B2C', Russia) by way of purchase of shares [2] .

2. The business activities of the undertakings concerned are:

– for Hermes : provider of transportation and logistics services;

– for Armadillo : provider of transportation and logistics services, especially in Eastern Europe;

– for B2C : active in Russia in the delivery of parcels to consumers, either from businesses or from other consumers

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(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

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.

For the Commission (signed) Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C 335, 16.11.2011, p.24

[3] OJ C 56, 5.3.2005, p. 32.