Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel,   BELGIË  
 
Tel: +32 229- 91111. Fax: +32 229 -64301. E -mail: COMP -MERG ER-REGISTRY@ec.europa.eu.  
  EUROPEAN COMMISSION  
Brussels, 27.01.2020  
C(2020)  544 final  
PUBLIC VERSION 
To the notifying parties  
Subject : Case M. 9640 – BCP / CD&R FUND X / BRANDSAFWAY  
Commission decision pursuant to Article 6(1)(b) of Council Regulation 
(EC) No  139/20041 and Article 57 of the Agreement on the European 
Economic Area2  
Dear Sir or Madam,  
1. On 20 December  2019, the  European Commission received notification of a proposed 
conc entration pursuant to Article 4 and following a referral pursuant to Article 4(5) of 
the Merger  Regulation by which the undertaking s BCP Acquisitions LLC (‘BCP’, 
USA) , controlled by Brookfield Asset Management Inc. (‘Brookfield Asset 
Management’, USA) , and Clayton, Dubilier & Rice Fund X, L.P. ( ‘CD&R Fund X ’, 
USA)  and affiliated funds, all  of which are ultimately controlled by Clayton, Dubilier 
& Rice Investment Holding GP, Ltd. (‘CD&R’, USA), acquire within the meaning of 
Article 3(1)(b ) and Article 3(4) of the Merger Regulation joint  control over the whole 
of the undertaking Brand Industrial Holdings, Inc. (‘BrandSafway’, USA ), currently 
indirectly solely  controlled by CD&R, by way of purchase  of shares .3 
2. The business activities of the undertakings concerned are:  
− for BCP: a limited liability company controlled by Brookfield Assets 
Management, a global asset manager , 
− for CD&R: a private equity investment firm which has investments in various 
sectors of the economy , 
− for BrandSafway: a trade contractor providing specialised services to 
industrial, commercial and infrastructure customers  and operat ing across three 
business units: scaffolding and access solutions, specialty industrial services, 
and forming and shoring.  
                                                 
1 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.  
2  OJ L 1, 3.1.1994, p.  3 (the ‘EEA Agreement ’). 
3  Publication in the Official Journal of the European Union No C 4 , 8.1.2020, p. 9. 

2 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(c) 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 applicat ion of Article 6(1)(b) of the Merger  Regulation  and Article 57 of 
the EEA Agreement . 
For the Commission 
 
 
(Signed)  
Olivier  GUERSENT  
Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5.