# C_2016437EN.01000901.xml

| 25.11.2016 | EN | Official Journal of the European Union | C 437/9 |
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25.11.2016

EN

Official Journal of the European Union

C 437/9

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Prior notification of a concentration

(Case M.8247 — AURELIUS Equity Opportunities/Office Depot (Netherlands))

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 437/06)

| 1. | On 18 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AURELIUS Equity Opportunities SE & Co. KGaA (‘Aurelius’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Office Depot (Netherlands) C.V. (‘Office Depot Europe Business’, the Netherlands) by way of purchase of shares. |
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1.

On 18 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking AURELIUS Equity Opportunities SE & Co. KGaA (‘Aurelius’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Office Depot (Netherlands) C.V. (‘Office Depot Europe Business’, the Netherlands) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for Aurelius: a private equity investor and multi-asset administrator, which acquires, restructures and eventually sells companies in special situations,
  —   for Office Depot Europe Business: a provider of products, services, and solutions for the workplace throughout the European Economic Area. Office Depot Europe Business offers technology, office supplies, print and document services, business services, facilities products, furniture, and school supplies. |
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2.

The business activities of the undertakings concerned are:

—   for Aurelius: a private equity investor and multi-asset administrator, which acquires, restructures and eventually sells companies in special situations,

for Aurelius

—   for Office Depot Europe Business: a provider of products, services, and solutions for the workplace throughout the European Economic Area. Office Depot Europe Business offers technology, office supplies, print and document services, business services, facilities products, furniture, and school supplies.

for Office Depot Europe Business

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. 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 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. 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 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

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| 4. | 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 this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8247 — AURELIUS Equity Opportunities/Office Depot (Netherlands), to the following address:





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

4.

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 this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8247 — AURELIUS Equity Opportunities/Office Depot (Netherlands), to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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