# C_2017145EN.01001201.xml

| 9.5.2017 | EN | Official Journal of the European Union | C 145/12 |
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9.5.2017

EN

Official Journal of the European Union

C 145/12

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Prior notification of a concentration

(Case M.8466 — Bain Capital/Sealed Air Diversey Care division and food hygiene and cleaning business)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 145/13)

| 1. | On 26 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the Diversey Care division of Sealed Air (United States) and the food hygiene and cleaning business within the Food Care division of Sealed Air (together ‘Diversey’) by way of mixed asset and share acquisition. |
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1.

On 26 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the Diversey Care division of Sealed Air (United States) and the food hygiene and cleaning business within the Food Care division of Sealed Air (together ‘Diversey’) by way of mixed asset and share acquisition.

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| 2. | The business activities of the undertakings concerned are:
  —   for Bain Capital: private equity investment in companies worldwide in many industries, including information technology, healthcare, retail and consumer products, communications, financial and industrial/manufacturing,
  —   for Diversey: the provision of cleaning solutions across two key divisions:






  (1) | Diversey’s professional division (known as Diversey Care), which develops and delivers integrated cleaning solutions to business customers, kitchen care solutions for commercial kitchens, on-premise laundry products and solutions, cleaning tools and utensils, restroom care productions and solutions, personal care products, insect control products, and chemicals and digitally enabled systems for professional cleaning service providers; |
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2.

The business activities of the undertakings concerned are:

—   for Bain Capital: private equity investment in companies worldwide in many industries, including information technology, healthcare, retail and consumer products, communications, financial and industrial/manufacturing,

for Bain Capital

—   for Diversey: the provision of cleaning solutions across two key divisions:

for Diversey

(1)

Diversey’s professional division (known as Diversey Care), which develops and delivers integrated cleaning solutions to business customers, kitchen care solutions for commercial kitchens, on-premise laundry products and solutions, cleaning tools and utensils, restroom care productions and solutions, personal care products, insect control products, and chemicals and digitally enabled systems for professional cleaning service providers;

| (2) | Diversey’s food hygiene and cleaning business, which is part of its Food Care division (known as Diversey Hygiene Services) and delivers cleaning and equipment solutions that provide automation and monitoring for food and beverage processors, such as solutions which integrate chemicals, design, engineering, remote data monitoring and predictive analytics focused on food safety, water and energy conservation. |
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(2)

Diversey’s food hygiene and cleaning business, which is part of its Food Care division (known as Diversey Hygiene Services) and delivers cleaning and equipment solutions that provide automation and monitoring for food and beverage processors, such as solutions which integrate chemicals, design, engineering, remote data monitoring and predictive analytics focused on food safety, water and energy conservation.

| 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.8466 — Bain Capital/Sealed Air Diversey Care division and food hygiene and cleaning business, 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.8466 — Bain Capital/Sealed Air Diversey Care division and food hygiene and cleaning business, 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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