# C_2011006EN.01001601.xml

| 11.1.2011 | EN | Official Journal of the European Union | C 6/16 |
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11.1.2011

EN

Official Journal of the European Union

C 6/16

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Prior notification of a concentration

(Case COMP/M.6088 — HIG Capital/Der Grune Punkt — Duales System Deutschland)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 6/06

| 1. | On 3 January 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which H.I.G. Luxembourg Holdings Thirteen S.C.A. (‘H.I.G. Luxembourg’), ultimately controlled by H.I.G. Europe Capital Partners, L.P. (‘H.I.G. Europe Capital’), part of the H.I.G. Capital group of funds (‘H.I.G. Capital’), acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of Der Grüne Punkt — Duales System Deutschland GmbH and its subsidiaries (‘DSD’) by way of a purchase of shares. |
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1.

On 3 January 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which H.I.G. Luxembourg Holdings Thirteen S.C.A. (‘H.I.G. Luxembourg’), ultimately controlled by H.I.G. Europe Capital Partners, L.P. (‘H.I.G. Europe Capital’), part of the H.I.G. Capital group of funds (‘H.I.G. Capital’), acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of Der Grüne Punkt — Duales System Deutschland GmbH and its subsidiaries (‘DSD’) by way of a purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for H.I.G. Luxembourg: a special purpose vehicle created for the purposes of the proposed transaction, |
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2.

The business activities of the undertakings concerned are:

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for H.I.G. Luxembourg: a special purpose vehicle created for the purposes of the proposed transaction,

| — | for H.I.G. Capital: a global private investment firm with funds in private equity, venture capital, distressed debt, real estate and public equities, |
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for H.I.G. Capital: a global private investment firm with funds in private equity, venture capital, distressed debt, real estate and public equities,

| — | for DSD: a provider of waste management services in Germany. DSD provides services to, inter alia, retailers and packaging manufacturers that are obliged to participate in a dual system in order to ensure that sold sales packaging is taken back and properly recycled. DSD also provides take-back systems for the recycling of used electrical and electronic equipment, and of transport packages. In addition, it offers facility waste disposal services for other types of waste and deposit clearing schemes for fillers and retailing firms. |
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for DSD: a provider of waste management services in Germany. DSD provides services to, inter alia, retailers and packaging manufacturers that are obliged to participate in a dual system in order to ensure that sold sales packaging is taken back and properly recycled. DSD also provides take-back systems for the recycling of used electrical and electronic equipment, and of transport packages. In addition, it offers facility waste disposal services for other types of waste and deposit clearing schemes for fillers and retailing firms.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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 EC 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 EC Merger Regulation (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. 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 COMP/M.6088 — HIG Capital/Der Grune Punkt — Duales System Deutschland, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 COMP/M.6088 — HIG Capital/Der Grune Punkt — Duales System Deutschland, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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