# IMMC.MTF_2018_8912_FIN.ENG.xhtml.m8912.docx

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EUROPEAN COMMISSION

EUROPEAN COMMISSION

Brussels,27.8.2018

Brussels,27.8.2018

C(2018) 5756 final

C(2018) 5756 final

To the notifying party:

To the notifying party:

Subject:Case M.8912 - CARLYLE / THE SPECIALTY CHEMICALS BUSINESS OF AKZO NOBEL 

  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
  1
  and Article 57 of the Agreement on the European Economic Area
  2

Subject:

Case M.8912 - CARLYLE / THE SPECIALTY CHEMICALS BUSINESS OF AKZO NOBEL

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1

and Article 57 of the Agreement on the European Economic Area

2

Dear Sir or Madam,

Dear Sir or Madam,

1.On 1 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Starfruit Finco BV (Netherlands), ultimately controlled by the Carlyle Group (“Carlyle“, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the specialty chemicals business of Akzo Nobel ("Akzo Nobel SC", Netherlands) by way of purchase of shares.
  3

1.

On 1 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Starfruit Finco BV (Netherlands), ultimately controlled by the Carlyle Group (“Carlyle“, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the specialty chemicals business of Akzo Nobel ("Akzo Nobel SC", Netherlands) by way of purchase of shares.

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2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-Carlyle: a global alternative asset manager,

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Carlyle: a global alternative asset manager,

-Akzo Nobel SC: the specialty chemicals business of Akzo Nobel, which produces a range of chemicals.

-

Akzo Nobel SC: the specialty chemicals business of Akzo Nobel, which produces a range of chemicals.

3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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3.

After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

4.

For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

For the Commission

For the Commission

(Signed)

(Signed)

Johannes LAITENBERGER
  Director-General

Johannes LAITENBERGER
  Director

-General

OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

OJ C 366, 14.12.2013, p. 5.