# C_2017220EN.01006501.xml

| 8.7.2017 | EN | Official Journal of the European Union | C 220/65 |
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8.7.2017

EN

Official Journal of the European Union

C 220/65

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Prior notification of a concentration

(Case M.8557 — CCMP Capital/MSD Aqua Partners/Hayward Industries)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 220/17)

| 1. | On 29 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CCMP Capital, LP (‘CCMP’, USA) and MSD Aqua Partners, LLC (‘MSD Aqua’, USA), controlled by MSD Partners LP (‘MSD Partners’, USA) and belonging to the MSD group of companies, indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Hayward Industries, Inc. (‘Hayward’, USA) by way of a purchase of shares. |
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1.

On 29 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CCMP Capital, LP (‘CCMP’, USA) and MSD Aqua Partners, LLC (‘MSD Aqua’, USA), controlled by MSD Partners LP (‘MSD Partners’, USA) and belonging to the MSD group of companies, indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Hayward Industries, Inc. (‘Hayward’, USA) by way of a purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for CCMP: global private equity firm focused on making buyout and growth equity investments in North America and Europe in the consumer, industrial and healthcare industries,
  —   for MSD Aqua: investment entity within the MSD group of companies which is active in the debt and equity of public and private companies, real estate and other asset classes,
  —   for Hayward: manufacturer and supplier of swimming pool equipment. |
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2.

The business activities of the undertakings concerned are:

—   for CCMP: global private equity firm focused on making buyout and growth equity investments in North America and Europe in the consumer, industrial and healthcare industries,

for CCMP

—   for MSD Aqua: investment entity within the MSD group of companies which is active in the debt and equity of public and private companies, real estate and other asset classes,

for MSD Aqua

—   for Hayward: manufacturer and supplier of swimming pool equipment.

for Hayward

| 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. |
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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 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.

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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 M.8557 — CCMP Capital/MSD Aqua Partners/Hayward Industries, 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 M.8557 — CCMP Capital/MSD Aqua Partners/Hayward Industries, 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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