# C_2017096EN.01000401.xml

| 28.3.2017 | EN | Official Journal of the European Union | C 96/4 |
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28.3.2017

EN

Official Journal of the European Union

C 96/4

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Prior notification of a concentration

(Case M.8059 — Investindustrial/Black Diamond/Polynt/Reichhold)

(Text with EEA relevance)

(2017/C 96/05)

| 1. | On 17 March 2017, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which funds affiliated with Investindustrial, through Global Chemicals SARL (‘Investindustrial’, Luxembourg), and funds affiliated with Black Diamond Capital Management L.L.C. (‘Black Diamond’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the Polynt Group (‘Polynt’, Italy) and the Reichhold Group (‘Reichhold’, USA) by way of purchase of shares. The same concentration was notified to the Commission on 26 October 2016, but subsequently withdrawn on 24 November 2016. |
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1.

On 17 March 2017, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which funds affiliated with Investindustrial, through Global Chemicals SARL (‘Investindustrial’, Luxembourg), and funds affiliated with Black Diamond Capital Management L.L.C. (‘Black Diamond’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the Polynt Group (‘Polynt’, Italy) and the Reichhold Group (‘Reichhold’, USA) by way of purchase of shares. The same concentration was notified to the Commission on 26 October 2016, but subsequently withdrawn on 24 November 2016.

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| 2. | The business activities of the undertakings concerned are:
  —   Polynt: Development, production and distribution of specialty chemicals and performance chemicals. In particular, Polynt is active in the production of UPR, chemical intermediates (anhydrides), related commodities (plasticizers), and specialties (thermoset compounds);
  —   Reichhold: Manufacture and supply of resins used in composites and coatings;
  —   Investindustrial: A holding company acquiring and managing shareholdings in other companies.
  —   Black Diamond: An investment advisory firm with a focus on four investment areas: (i) control distressed/private equity funds; (ii) hedge funds; (iii) mezzanine funds and collateralized loan obligations; and (iv) other structured vehicles. |
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2.

The business activities of the undertakings concerned are:

—   Polynt: Development, production and distribution of specialty chemicals and performance chemicals. In particular, Polynt is active in the production of UPR, chemical intermediates (anhydrides), related commodities (plasticizers), and specialties (thermoset compounds);

Polynt

—   Reichhold: Manufacture and supply of resins used in composites and coatings;

Reichhold

—   Investindustrial: A holding company acquiring and managing shareholdings in other companies.

Investindustrial

—   Black Diamond: An investment advisory firm with a focus on four investment areas: (i) control distressed/private equity funds; (ii) hedge funds; (iii) mezzanine funds and collateralized loan obligations; and (iv) other structured vehicles.

Black Diamond

| 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. |
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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.

| 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 number M.8059 — Investindustrial/Black Diamond/Polynt/Reichhold 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 number M.8059 — Investindustrial/Black Diamond/Polynt/Reichhold 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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