# C_2012367EN.01000601.xml

| 27.11.2012 | EN | Official Journal of the European Union | C 367/6 |
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27.11.2012

EN

Official Journal of the European Union

C 367/6

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Prior notification of a concentration

(Case COMP/M.6755 — Bain Capital Investors/Apex Tool Group)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 367/04

| 1. | On 19 November 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital Investors LLC, (‘Bain’, USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of Apex Tool Group LLC (‘Apex’, USA) by way of acquisition of membership interests. |
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1.

On 19 November 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital Investors LLC, (‘Bain’, USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of Apex Tool Group LLC (‘Apex’, USA) by way of acquisition of membership interests.

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| 2. | The business activities of the undertakings concerned are:






  — | for Bain: private equity investment, |
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2.

The business activities of the undertakings concerned are:

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for Bain: private equity investment,

| — | for Apex: manufacturing and supply of hand and power tools, chain products, soldering products and specialty products for industrial, commercial and do it yourself applications. |
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for Apex: manufacturing and supply of hand and power tools, chain products, soldering products and specialty products for industrial, commercial and do it yourself applications.

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

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the 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 number COMP/M.6755 — Bain Capital Investors/Apex Tool Group, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 COMP/M.6755 — Bain Capital Investors/Apex Tool Group, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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