ddrg/super_eurlex huggingface dataset:
EUROPEAN COMMISSION

C(2018) 6319 final

PUBLIC VERSION

To the notifying parties



Subject:Case M.9052 – Kirin/Mitsui/Thorne

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

Dear Sir or Madam,

1.On 31 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Kirin Holdings Company, Limited (‘Kirin’, Japan) and Mitsui & Co., Ltd. (‘Mitsui’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the whole of the undertaking Thorne Holding Corporation (‘Thorne’, USA) by way of a purchase of shares.

2.The business activities of the undertakings concerned are:

-for Kirin: engaging in pharmaceutical, biotechnology and integrated beverages businesses,

-for Mitsui: a trading house engaging in a number of worldwide commodity and other businesses, including the sale, distribution, purchase, marketing and supply of products in business areas such as iron and steel, coal and non-ferrous metals, machinery, electronics, chemicals, and energy-related commodities,

-for Thorne: developing, manufacturing and selling high-end nutritional supplements, mainly to healthcare practitioners in the U.S.A. Thorne also sells animal nutritional supplements and self-diagnostic tests for at-home detection of various health problems.

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 paragraphs 5(a) and 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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
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 -MERGER -REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION  
Brussels, 15.10.2018  
C(2018 ) 6880 final  
 
 
To the Notifying Party  
 
Subject : Case M. 9092 - EQT FUND MANAGEMENT / SAUR   
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 21 September 2018 , the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger  Regulation by which the undertaking 
EQT Fund Management S.a.r.l. ("EQT", Luxembourg) acquire s within the meaning of 
Article 3(1)(b) of the Merger Regulation indirect sole control over the whole of the 
undertaking Saur S.A.S. ("Saur", France) via the acquisition of Holding d'I nfrastructures 
des Metiers de l'Environnement S.A.S. ("HIME", France)  which indirectly owns Saur , by 
way of purchase of shares .3 
2. The business activities of the undertakings concerned are:  
 EQT is a financial investor and it invests in a variety of industries;  
 Saur is active in the water and wastewater management in France. Saur also designs 
and constructs water infrastructure, including drinking water production and 
wastewater treatment plants for municipalities as well as water and wastewater 
treatment systems for industries.  
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 
                                                 
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 347, 28.9.2018 , p. 20. 
PUBLIC VERSION  
2 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 notif ied 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 L AITENBERGER  
Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5 .
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERG ER REGISTRY, 1049 Brussel,  BELGIË 
 Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION 
Brussels, 10.10.2018 
C(2018) 6773 final 
 
 
 
To the notifying party :  
 
 
Subject: Case M.9055 - Lone Star/CaixaBank Assets 
Commission decision pursuant to Articl e 6(1)(b) of Council Regulation (EC) 
No 139/20041 and Article 57 of the Agreemen t on the European Economic Area2  
Dear Sir or Madam, 
1. On 17 September 2018, the European Commissi on received notifica tion of a proposed 
concentration pursuant to Article 4 of th e Merger Regulation by which the undertaking 
Lone Star, through its subsidia ry LSF Pacific Holdings S. à r.l. (Luxembourg), acquires 
within the meaning of Article 3(1)(b) of the Merger Regulation sole control of a portfolio of real estate owned assets (the "Pacific Portfolio") of BuildingCenter S.A. Unipersonal 
(Spain), and of ServiHabitat Servicios Inmob iliarios, S.L. (Spain), both belonging to 
CaixaBank (together, the "CaixaBank Asse ts"), by way of purchase of shares.
3 
2. The business activities of the undertakings concerned are: 
− for Lone Star: a private equity firm that in vests globally in real estate, equity, credit, 
and other financial assets; 
− for the Caixabank Assets: a provider of real estate management services for the Pacific 
Portfolio as well as other real estate prope rties, owned by CaixaBank or other parties. 
3. After examination of the notification, the Eu ropean Commission ha s concluded that the 
notified operation falls within the scope of the Merger Regulation and of paragraph 5(c)  of 
                                                 
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 "inter nal 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 344 , 26.09.2018, p. 6. 
PUBLIC VERSION 
2 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 simp lified procedure, the European Commission 
has decided not to oppose the notified operati on 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 Regulati on and Article 57 of the EEA Agreement. 
For the Commission 
(Signed) Johannes LAITENBERGER 
Director-General 
                                                 
4  OJ C 366, 14.12.2013, p. 5.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERG ER REGISTRY, 1049 Brussel,  BELGIË 
 Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION 
Brussels, 17.10.2018 
C(2018) 6952 final 
 
To the notifying parties: 
Subject: Case M.9103 – ORIX Aviation Systems/Bohai/Avolon 
Commission decision pursuant to Articl e 6(1)(b) of Council Regulation (EC) 
No 139/20041 and Article 57 of the Agreemen t on the European Economic Area2  
Dear Sir or Madam, 
1. On 24 September 2018, the European Commissi on received notifica tion of a proposed 
concentration pursuant to Article 4 of the Merger Regulation by which ORIX Aviation 
Systems Limited ("OAS", Ireland), belonging to ORIX Corporation (Japan), and Bohai 
Capital Holding Co., Ltd. ("Bohai", China) , belonging to HNA Group (China), acquire 
within the meaning of Article 3(1)(b) and 3(4)  of the Merger Regula tion joint control of 
Avolon Holdings Limited ("Avolon "), Bohai's subsidiary active in  aircraft leasing services, by 
way of purchase of shares (the "Transaction").3 
2. The business activities of the undertakings concerned are: 
– for OAS: an investor aircraft and asset manager. ORIX Corpor ation is a financial 
services group with a diverse por tfolio of financial services,  
– for Bohai: a leasing group. HNA Group is a conglomerate encompassing core 
divisions of aviation, holdings, cap ital, tourism and logistics.  
3. After examination of the notification, the Eu ropean Commission ha s 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 
                                                 
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 "inter nal 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 347, 28.9.2018, p. 21. 
4  OJ C 366, 14.12.2013, p. 5. 
 
PUBLIC VERSION 
2 4. For the reasons set out in the Notice on a simp lified procedure, the European Commission 
has decided not to oppose the notified operati on 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 Regulati on and Article 57 of the EEA Agreement. 
 
For the Commission 
 (Signed) Johannes LAITENBERGER Director-General
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 -MERGER -REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION  
Brussels, 14.9.2018  
C(2018 ) 6080 final  
 
 
To the notifying party : 
Subject : Case M. 8998  – KKR  / BMC SOFTWARE   
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 14 A ugust  2018 , the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger  Regulation by which the undertaking 
KKR &  Co. Inc (" KKR ") (USA)  acquires  within the meaning of Article 3(1)(b) of the 
Merger Regulation  sole control of the whole of  the undertaking Boxer Parent Company 
Inc. (USA) including its subsidiaries BMC Software Finance, Inc. (USA)  and BMC 
Software, Inc. ( USA)  by way of  purchase of shares .3 
2. The business activities of the undertakings concerned are:  
 for KKR  : investment firm that provides  asset management services  and capital 
markets solutions , 
 for Boxer Parent Company Inc.   (through  its subsidiaries) : the provision of IT 
management and server management software and related services . 
3. After examination of the notification, the European Commission has concluded that the 
notified operation falls within the scope of the Merger  Regulatio n 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 
                                                 
1 OJ L 24, 29.1.2004, p. 1 ( the 'Merger Regulation '). With ef fect 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 296, 22.8.2018 , p. 3. 
4  OJ C 366, 14.12.2013, p. 5 . 
PUBLIC VERSION  
 
2 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 Agre ement . 
 
For the Commission  
 
(Signed)  
Johannes LAITENBERGER  
Director -General
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 -MERGER -REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION  
Brussels, 12.11.2018  
C(2018 ) 7617 final  
 
 
 
 
 
 
To the notifying parties  
Subject : Case M .9049  – E.ON / CLEVER / UFC SCANDINAVIA JV  
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 17 October  2018 , the European Commission received notification of a proposed 
conc entration pursuant to Article 4  of the Merger  Regulation by which the undertakings  
E.ON  SE ("E.ON", Germany)  and Clever A/S ("Clever ", Denmark), controlled by SEAS -
NVE  acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger 
Regulation joint control over a newly -created joint venture by way of purchase of shares .3 
2. The business activities of the undertakings concerned are:  
 E.ON is an energy company with activities in 3 main business areas: (i) energy 
networks; (ii) renewable energies; and (iii) customer solutions, including electricity 
and gas retail supply;  
 Clever is an  electric mobility service provider, active in charging solutions to 
companies, public institutions and end customers;  
 The JV will  develop and operate ultra -fast charging (UFC) stations for electric 
vehicles in Norway, Sweden and Denmark . 
 
                                                 
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 384, 24.10.2018 , p. 9. 
PUBLIC VERSION  
2 3. After examinatio n of the notification, the European Commission has concluded that the 
notified operation falls within the scope of the Merger  Regulation  and of paragraph 5 (a) 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 . 
For the Commission  
 
Signed  
Johannes LAITENBERGER  
Director -General  
 
 
                                                 
4  OJ C 366, 14.12.2013, p. 5 .
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 -MERGER -REGISTRY@ec.europa.eu . 
  EUROPEAN COMMISSION  
Brussels,  10.12.2018  
C(2018 ) 8750 final  
 
 
 
 
 
To the notifying party : 
 
 
Subject : Case M. 9120  - Carlyle/Apollo  
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 15 November 2018 , the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger  Regulation by which The Carlyle 
Group  LP ("Carlyle", United States of America)  indirectly  acquires within the meaning of 
Article 3(1)(b) of the Merger Regulation  sole control of the whole of  Apollo Aviation 
Holdings Limited, the holding company of the Apollo Aviation Group ("Apollo", United 
States of America). The concentration is accomplished by way of  purchase of shares .3 
2. The business activities of the  undertakings concerned are:  
- for Carlyle : global alternative asset  manager which manages funds that invest 
globally across four investment disciplines: Corporate Private Equity, Real Assets, 
Global Credit and Solutions,  
 
- for Apollo : multi -strategy aviation  investment manager, which manages funds 
primarily active in the provision of commercial aircraft operating lease services . 
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 
                                                 
1 OJ L 24, 29.1.2004, p. 1 ( the 'Merger Regulation '). With effect from 1 December 2009,  the Treaty on the 
Function ing 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 425, 26.11.2018 , p. 21. 
PUBLIC VERSION  
 
2 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 . 
For the Commission  
(Signed)  
Johannes LAITENBERGER  
Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5 .
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 -MERGER -REGISTRY@ec.europa.eu. . 
  EUROPEAN COMMISSION  
Brussels, 17.01.2019  
C(2019)  336 final  
 
To the notifying parties : 
Subject : M.9214 -  MUFG HD / AKAMAI / JV  
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 14 December  2018, the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger  Regulation by which Mitsubishi UFJ 
Financial Group, Inc. ("MUFG HD", Japan) and Akamai Technologies, Inc. ("Akamai", 
US) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint 
control of a newly created company constituting a joint venture (the "JV"). The 
conc entration is accomplished by way of purchase of shares and contribution of assets.3 
2. The business activities of the undertakings concerned are:  
− for MUFG HD: a holding company for entities engaged in a wide range of financial 
businesses,  
− for Akamai: the provision of cloud services for delivering, optimizing and securing 
content and business applications over the Internet, 
− for the JV: the provision of a blockchain- based online payment network in Japan. 
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( a) of 
the Commission Notice on a simplified procedure for treatment of certain concentrations 
under Council Regulation (EC) No  139/2004.4 
                                                 
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 
'Commun ity' 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 460,  21.12.2018 , p. 42. 
4  OJ C 366, 14.12.2013, p. 5.  
PUBLIC VERSION  
2 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 applic ation of 
Article 6(1)(b) of the Merger  Regulation  and Article 57 of the EEA Agreement . 
 
For the Commission 
(Signed)  
Johannes LAITENBERGER 
Director -General