# C_2017007EN.01000201.xml

| 10.1.2017 | EN | Official Journal of the European Union | C 7/2 |
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10.1.2017

EN

Official Journal of the European Union

C 7/2

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Prior notification of a concentration

(Case M.8328 — The Cerberus Group/Staples Europe)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 7/02)

| 1. | On 22 December 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 Promontoria Holding 192 B.V. (“Promontoria”) belonging to the Cerberus Group (‘Cerberus’, U.S.) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Staples Solutions B.V. (‘Staples Europe’, The Netherlands) by way of purchase of shares. |
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1.

On 22 December 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 Promontoria Holding 192 B.V. (“Promontoria”) belonging to the Cerberus Group (‘Cerberus’, U.S.) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Staples Solutions B.V. (‘Staples Europe’, The Netherlands) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for Cerberus: A private investment firm which is engaged in investment in real property and personal property of all kinds, including, but not limited to, capital stock, depository receipts, investment companies, mutual funds, subscriptions, warrants, bonds, notes, debentures, options and other securities of different kinds and nature in diverse industries worldwide. Although no particular industry constitutes a significant proportion of the Cerberus Group’s turnover, some of the main sectors in which the undertakings controlled by the Cerberus Group generate turnover are financial services, manufacturing, building materials and real estate.
  —   for Staples Europe: A provider of office supplies, technology products and services, facilities and breakroom supplies, furniture, copy and print services and a wide range of other product categories to businesses and consumers. |
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2.

The business activities of the undertakings concerned are:

—   for Cerberus: A private investment firm which is engaged in investment in real property and personal property of all kinds, including, but not limited to, capital stock, depository receipts, investment companies, mutual funds, subscriptions, warrants, bonds, notes, debentures, options and other securities of different kinds and nature in diverse industries worldwide. Although no particular industry constitutes a significant proportion of the Cerberus Group’s turnover, some of the main sectors in which the undertakings controlled by the Cerberus Group generate turnover are financial services, manufacturing, building materials and real estate.

for Cerberus

—   for Staples Europe: A provider of office supplies, technology products and services, facilities and breakroom supplies, furniture, copy and print services and a wide range of other product categories to businesses and consumers.

for Staples Europe

| 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 the 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 the 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.8328 — The Cerberus Group/Staples Europe, 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.8328 — The Cerberus Group/Staples Europe, 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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