# C_2017404EN.01000701.xml

| 29.11.2017 | EN | Official Journal of the European Union | C 404/7 |
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29.11.2017

EN

Official Journal of the European Union

C 404/7

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Prior notification of a concentration

(Case M.8680 — Bain Capital/Toshiba Memory Corporation)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 404/06)

| 1. | On 22 November 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Bain Capital (United States), |
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1.

On 22 November 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

1

This notification concerns the following undertakings:

—

Bain Capital (United States),

| — | Toshiba Memory Corporation (‘TMC’, Japan). |
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Toshiba Memory Corporation (‘TMC’, Japan).

Bain Capital acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of TMC.

The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Bain Capital: investment firm with activities in a variety of industries,
  —   for TMC: global manufacturer and supplier of NAND flash memory products and solid-state-drive (‘SSD’) memory products for use in a variety of consumer and enterprise applications. |
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2.

The business activities of the undertakings concerned are:

—   for Bain Capital: investment firm with activities in a variety of industries,

for Bain Capital

—   for TMC: global manufacturer and supplier of NAND flash memory products and solid-state-drive (‘SSD’) memory products for use in a variety of consumer and enterprise applications.

for TMC

| 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 the 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 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. The following reference should always be specified:
  M.8680 — Bain Capital/Toshiba Memory Corporation
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  E-mail: COMP-MERGER-REGISTRY@ec.europa.eu |
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| Fax +32 22964301 |
| Postal 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. The following reference should always be specified:

M.8680 — Bain Capital/Toshiba Memory Corporation

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

E-mail: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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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