# C_2013292EN.01000501.xml

| 8.10.2013 | EN | Official Journal of the European Union | C 292/5 |
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8.10.2013

EN

Official Journal of the European Union

C 292/5

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Prior notification of a concentration

(Case COMP/M.7049 — CD&R/Harsco Infrastructure)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 292/04

| 1. | On 30 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Clayton, Dubilier & Rice Fund IX, LP, controlled by Clayton, Dubilier & Rice (‘CD&R’, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the Infrastructure Division of Harsco Corporation (‘Harsco Infrastructure’, USA) by way of purchase of shares and assets. |
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1.

On 30 September 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Clayton, Dubilier & Rice Fund IX, LP, controlled by Clayton, Dubilier & Rice (‘CD&R’, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the Infrastructure Division of Harsco Corporation (‘Harsco Infrastructure’, USA) by way of purchase of shares and assets.

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






  — | CD&R is a US based private equity investment group which originates, structures and frequently acts as lead equity investor in management buyouts, strategic minority investments and other strategic investments, |
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2.

The business activities of the undertakings concerned are:

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CD&R is a US based private equity investment group which originates, structures and frequently acts as lead equity investor in management buyouts, strategic minority investments and other strategic investments,

| — | Harsco Infrastructure is currently one of the four business divisions of Harsco Corporation. It provides scaffolding, shoring, concrete forming and other access-related services for construction projects as well as industrial project engineering, equipement rental and installation services worldwide. |
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Harsco Infrastructure is currently one of the four business divisions of Harsco Corporation. It provides scaffolding, shoring, concrete forming and other access-related services for construction projects as well as industrial project engineering, equipement rental and installation services worldwide.

| 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.7049 — CD&R/Harsco Infrastructure, 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 COMP/M.7049 — CD&R/Harsco Infrastructure, 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 ‘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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