# C_2015102EN.01001301.xml

| 27.3.2015 | EN | Official Journal of the European Union | C 102/13 |
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27.3.2015

EN

Official Journal of the European Union

C 102/13

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Prior notification of a concentration

(Case M.7578 — Ares Management/TPG/ATD)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 102/09)

| 1. | On 20 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ares Management LLC (‘Ares’, of USA) and TPG Capital, L.P. (‘TPG’, of USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of ATD Corporation (‘ATD’, of USA) by way of amendment of the Stockholders' Agreement of ATD. |
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1.

On 20 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ares Management LLC (‘Ares’, of USA) and TPG Capital, L.P. (‘TPG’, of USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of ATD Corporation (‘ATD’, of USA) by way of amendment of the Stockholders' Agreement of ATD.

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| 2. | The business activities of the undertakings concerned are:
  —   for Ares: alternative asset manager active in the USA, Europe and Asia,
  —   for TPG: global investment firm which manages funds that invest in businesses through acquisitions and corporate restructuring,
  —   for ATD: North American distributor of tyres, wheels, accessories and related tyre supplies and tools. |
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2.

The business activities of the undertakings concerned are:

—   for Ares: alternative asset manager active in the USA, Europe and Asia,

for Ares

—   for TPG: global investment firm which manages funds that invest in businesses through acquisitions and corporate restructuring,

for TPG

—   for ATD: North American distributor of tyres, wheels, accessories and related tyre supplies and tools.

for ATD

| 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 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. |
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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 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.

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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 M.7578 — Ares Management/TPG/ATD, 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 M.7578 — Ares Management/TPG/ATD, 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 ‘Merger Regulation’).

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

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