# m8539.docx

| | EUROPEAN COMMISSION |
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EUROPEAN COMMISSION

Brussels,10.7.2017

PUBLIC VERSION

C(2017) 4989 final

C(

2017

)

4989 final

To the Notifying party

To the Notifying party

Subject:Case M.8539 - KPS/ DEXKO

  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
  1
  and Article 57 of the Agreement on the European Economic Area
  2

Subject

:

Case

M.

8539 - KPS/ D

EXKO

Commission decision pursuant to Article 6(1

)(

b) of Council Regulation (EC)

No

139/2004

1

and Article 57 of the Agreement on the European Economic Area

2

Dear Sir or Madam,

Dear Sir or Madam,

1.On 16 June 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which KPS Capital Partners, L.P. ("KPS", USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of DexKo Global, Inc. ("Dexko", USA) by way of a purchase of shares.
  3

1.

On

16 June 2017

,

the

European

Commission received notification of a proposed concentration pursuant to Article 4 of

the

Merger

Regulation by

which

KPS Capital Partners, L.P. ("KPS", USA)

acquires

,

within the meaning of Article 3(1)(b) of the Merger Regulation

,

control of the whole of

DexKo

Global, Inc. ("

Dexko

", USA)

by way of

a

purchase of shares

.

3

2.The business activities of the undertakings concerned are:

2.

The business activities of the undertakings concerned are:

-KPS Capital Partners, L.P. ("KPS", USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of DexKo Global, Inc. ("Dexko", USA) by way of a purchase of shares;

-

KPS Capital Partners, L.P. ("KPS", USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of

DexKo

Global, Inc. ("

Dexko

", USA) by way of a purchase of shares

;

-Dexko is a US-based designer and manufacturer of trailer axles and running gear components. It offers trailer axles and brakes, hubs and drums, chassis, suspension components, and other running gear components.

-

Dexko

is a US-based designer and manufacturer of trailer axles and running gear components. It offers trailer axles and brakes, hubs and drums, chassis, suspension components, and other running gear components.

3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
  4

3.

After examination of the notification, the

European

Commission has concluded that the notified operation falls within the scope of

the

Merger

Regulation

and of paragraph

5

(

b

)

of

the

Commission Notice on a simplified procedure for treatment of certain concentrations under

Council Regulation (EC)

No

139/2004

.

4

4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

4.

For the reasons set out in the Notice on a simplified procedure, the

European

Commission has decided not to oppose the notified operation and to declare it compatible with the

internal

market and with the EEA Agreement. This decision is adopted in application of Article 6(1

)(

b) of

the

Merger

Regulation

and Article 57 of the EEA Agreement

.

For the Commission


  (Signed)


  Johannes LAITENBERGER
  Director-General

For the

Commission

(Signed)

Johannes LAITENBERGER

Director

-

General

OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

OJ C 366, 14.12.2013, p. 5.