# C_2013264EN.01002101.xml

| 13.9.2013 | EN | Official Journal of the European Union | C 264/21 |
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13.9.2013

EN

Official Journal of the European Union

C 264/21

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Prior notification of a concentration

(Case COMP/M.7026 — Amvest/NPM Capital/DGH Participaties/Jopli Participaties/Erve Hulsgorst Participaties/DLH)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 264/11

| 1. | On 4 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 the undertaking Amvest Vastgoed BV (‘Amvest’), controlled by PGGM and AEGON, alongside with its current controlling shareholders DGH Participaties BV, owned by Mr. S.S. Postma, Jopli Participaties, owned by Mr. J. Bleichrodt, Erve Hulshorts Participaties, owned by Mr. J.C.J. Schellekens, and NPM Capital NV (‘NPM’), wholly owned by SHV Holdings NV (‘SHV Holdings’), a Dutch family-owned company, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of DLH BV and its subsidiaries (including Dagelijks Leven Zorg BV) (‘DLH’), by way of purchase of shares in a newly created company constituting a joint venture. All companies involved are Netherlands-based. |
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1.

On 4 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 the undertaking Amvest Vastgoed BV (‘Amvest’), controlled by PGGM and AEGON, alongside with its current controlling shareholders DGH Participaties BV, owned by Mr. S.S. Postma, Jopli Participaties, owned by Mr. J. Bleichrodt, Erve Hulshorts Participaties, owned by Mr. J.C.J. Schellekens, and NPM Capital NV (‘NPM’), wholly owned by SHV Holdings NV (‘SHV Holdings’), a Dutch family-owned company, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of DLH BV and its subsidiaries (including Dagelijks Leven Zorg BV) (‘DLH’), by way of purchase of shares in a newly created company constituting a joint venture. All companies involved are Netherlands-based.

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






  — | for Amvest: Dutch fund management and development company for homes and residential areas located predominantly in the economically strong regions in the Netherlands. It jointly controlled by PGGM, a large Dutch pension fund management and investment management company and AEGON, a large Dutch pension insurance company, |
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2.

The business activities of the undertakings concerned are:

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for Amvest: Dutch fund management and development company for homes and residential areas located predominantly in the economically strong regions in the Netherlands. It jointly controlled by PGGM, a large Dutch pension fund management and investment management company and AEGON, a large Dutch pension insurance company,

| — | for NPM: Dutch private equity company managing investments in various sectors, amongst others automotive supplies (Prins Autogassystemen and Stern Groep), building materials (Deli Maatschappij and Synbra), consumer good (Auping, Continental Bakeries, Dujardin, HAK, IBG, Royaan, Smartwares, VSI), healthcare (Artsenzorg, Dermicis, Medinova, MediQuest, Medux, Optelec, Othopedium), e-commerce (Kramp), industrial services (Abird, Helvoet, Hertel, VanDerLande, Workfox), technology (FibreMax, Kiwa), retail (Belgische Distributiediens) and shipping (NileDutch). NPM is wholly owned by SHV Holdings NV (‘SHV Holdings’) a Dutch family-owned company, |
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for NPM: Dutch private equity company managing investments in various sectors, amongst others automotive supplies (Prins Autogassystemen and Stern Groep), building materials (Deli Maatschappij and Synbra), consumer good (Auping, Continental Bakeries, Dujardin, HAK, IBG, Royaan, Smartwares, VSI), healthcare (Artsenzorg, Dermicis, Medinova, MediQuest, Medux, Optelec, Othopedium), e-commerce (Kramp), industrial services (Abird, Helvoet, Hertel, VanDerLande, Workfox), technology (FibreMax, Kiwa), retail (Belgische Distributiediens) and shipping (NileDutch). NPM is wholly owned by SHV Holdings NV (‘SHV Holdings’) a Dutch family-owned company,

| — | for DLH: green-field full function joint venture set up for the operation of residential nursing units for persons with memory difficulties. DLH is currently jointly controlled by DLH's management, through their holding companies DGH Participaties BV, Jopli Participaties BV and Erve Hulshorst Partcipaties BV, and Domuncula BV (‘Domuncula’), a 100 % indirect subsidiary of NPM Capital NV. |
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for DLH: green-field full function joint venture set up for the operation of residential nursing units for persons with memory difficulties. DLH is currently jointly controlled by DLH's management, through their holding companies DGH Participaties BV, Jopli Participaties BV and Erve Hulshorst Partcipaties BV, and Domuncula BV (‘Domuncula’), a 100 % indirect subsidiary of NPM Capital NV.

| 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.7026 — Amvest/NPM Capital/DGH Participaties/Jopli Participaties/Erve Hulsgorst Participaties/DLH, 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.7026 — Amvest/NPM Capital/DGH Participaties/Jopli Participaties/Erve Hulsgorst Participaties/DLH, 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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