# C_2015338EN.01000901.xml

| 13.10.2015 | EN | Official Journal of the European Union | C 338/9 |
| --- | --- | --- | --- |

13.10.2015

EN

Official Journal of the European Union

C 338/9

---

Prior notification of a concentration

(Case M.7807 — Sun Capital/Finlays Horticulture)

Candidate case for simplified procedure

(2015/C 338/06)

| 1. | On 5 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sun Capital Partners VI, LP, ultimately controlled by Sun Capital Partners, Inc. (‘Sun Capital’, United States), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Finlays Horticulture Investments Limited and Finlays Horticulture Holdings Limited (together ‘Finlays Horticulture’, United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 5 October 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sun Capital Partners VI, LP, ultimately controlled by Sun Capital Partners, Inc. (‘Sun Capital’, United States), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Finlays Horticulture Investments Limited and Finlays Horticulture Holdings Limited (together ‘Finlays Horticulture’, United Kingdom) by way of purchase of shares.

1

| 2. | The business activities of the undertakings concerned are:
  —   for Sun Capital: private equity investment through leveraged buyouts, equity, debt, and other tools in a variety of industries worldwide,
  —   for Finlays Horticulture: the growing, processing, marketing and distribution of sustainably produced cut flowers, premium and prepared vegetables and fresh herbs. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Sun Capital: private equity investment through leveraged buyouts, equity, debt, and other tools in a variety of industries worldwide,

for Sun Capital

—   for Finlays Horticulture: the growing, processing, marketing and distribution of sustainably produced cut flowers, premium and prepared vegetables and fresh herbs.

for Finlays Horticulture

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

2

| 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.7807 — Sun Capital/Finlays Horticulture to the following address:





  European Commission |
| --- | --- |
| 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.7807 — Sun Capital/Finlays Horticulture to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---