According to the announcement of prior notification of a concentration published in the Official Journal of European Union on August 21st 2009, the Spanish Dragados, SA, filial of the group ACS, has informed the European Commission about the operation to acquire control over the Polish construction firm Pol-Aqua Group. Interested parties may submit their observations to the Commission in the ten days following the publication of this notice.

On August 13th 2009, the Commission received a notification of a proposed concentration, according to Council Regulation (EC) Nº 139/2004, regarding the concentration operation by which Dragados S.A. (‘Dragados’, Spain) belonging to Actividades de Construccion y Servicios, S.A. (‘ACS Group’, Spain) would acquire within the meaning of the said Council Regulation control of the whole of Przedsiebiorstwo Robót Inzynieryjnych ‘Pol-Aqua’ S.A. (‘Pol-Aqua Group’, Poland) by way of a public bid announced on July 30th 2009.

Main activities of the concerned companies

• Dragados, S.A.: Spanish company, belonging to Actividades de Construccion y Servicios, S.A. (ACS Group) (Public, MCE:ACS), dealing with construction, dredging activities, civil works, concessions related to roads and railways.
• Pol-Aqua Group (Public, WAR:PQA): Polish company providing construction services in the scope of engineering, ecology, roads and pipelines. The company develops comprehensive underground infrastructure and road works for commercial and residential facilities as well as logistic centres.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) Nº 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) Nº 139/2004 it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

The Commission invites interested third parties to submit their possible observations on the proposed  operation to the Commission. Observations must reach the Commission not later than 10 days following the date of its publication in the OJEU.

Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post:

Reference number COMP/M.5598 — Dragados/Pol-Aqua Group

European Commission
Directorate-General for Competition
Merger Registry
J-70
1049 Bruxelles/Brussel
BELGIQUE/BELGIË