ddrg/super_eurlex huggingface dataset:
EUROPEAN COMMISSION

C(2017) 4286 final

PUBLIC VERSION

To the notifying party:

Subject:Case M.8475 - SOFTBANK GROUP / FORTRESS INVESTMENT GROUP

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 19.05.2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking SoftBank Group Corp. (‘SoftBank’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fortress Investment Group LLC (‘Fortress’, USA) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-SoftBank: listed Japanese internet company which provides a comprehensive range of telecommunication services and products, primarily in Japan and the USA. It currently operates in five segments: Japanese Telecommunications; Sprint Corporation (a US telecommunications carrier); Yahoo Japan (internet advertising, e-commerce and membership services); Distribution (mobile devices, and sale of PC software and peripherals in Japan); and ARM (a UK-based semiconductor company).

-Fortress: investment management firm based in New York, USA.

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.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
EUROPEAN COMMISSION

C(2017) 4664 final





To the notifying parties:



Subject:Case M.8515 - CPPIB / BPEA / NORD ANGLIA EDUCATION

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 06 June 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Canada Pension Plan Investment Board ("CPPIB", Canada) and Baring Private Equity Asia ("BPEA", Singapore) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Nord Anglia Education, Inc ("Nord Anglia", Hong Kong) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-CPPIB: professional investment management in real estate, public equities, private equities, infrastructure and fixed income instruments

-BPEA: independent alternative asset management in real estate, private equities and growth capital

-Nord Anglia: premium school operator active in China, Europe, the Middle East, the U.S. and Southeast Asia.

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.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
EUROPEAN COMMISSION

C(2017) 4252 final



To the notifying parties





Subject:Case M.8461 – CHRYSAOR (HARBOUR ENERGY GROUP) / TARGET ASSETS

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 18 May 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Chrysaor Holdings Limited (‘CHL’, the United Kingdom), controlled by EIG Global Energy Partners (‘EIG’, United States), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of a portfolio of Northern North Sea assets (‘Target Assets’), currently owned by the Shell Group (the Netherlands), by way of a purchase of shares and assets.

2.The business activities of the undertakings concerned are:

-for CHL: the development and commercialisation of oil and gas incremental reserves. CHL is indirectly controlled by EIG, a global investment fund specialising in energy and energy-related infrastructure.

-for the Target Assets: the exploration of crude oil and natural gas and the development, production and sale of crude oil.

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.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
EUROPEAN COMMISSION

C(2017) 5539 final

PUBLIC VERSION

To the notifying parties:

Subject:Case M. 8422 – CHEMCHINA / AKC / JVs

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 6 July 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings China National Bluestar Group Co. Ltd (‘Bluestar Group’, China), belonging to China National Chemical Corporation (‘ChemChina’, China), and Asahi Kasei Corporation (‘AKC’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of two newly created companies constituting a joint venture (the ‘JVs’) by way of purchase of shares and contribution of assets.

2.The business activities of the undertakings concerned are:

-for ChemChina: production of a wide range of chemical products, globally;

-for AKC: production of fibres, chemical products, electronics materials, pharmaceutical products, medical devices, and housing, globally;

3.The two joint ventures will be active, respectively, in the research, development and production, and in the marketing and sale of a number of chemical products in China.

4.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.

5.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)
EUROPEAN COMMISSION

C(2017) 5702 final



To the notifying party:

Subject:Case M.8582 - LETTERONE / HOLLAND & BARRETT

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 18 July 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking L1R HB Limited (Jersey), wholly owned by Letterone Investment Holdings S.A. ("Letterone Investment", Luxembourg), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Holland & Barrett International Limited ("Holland & Barrett", the UK) by way of a purchase of shares.

2.The business activities of the undertakings concerned are:

-for Letterone Investment: international investment targeting investments in the telecoms and technology, healthcare and retail sectors,

-for Holland & Barrett: retail of health and wellbeing products, such as, for example, vitamin supplements and health foods through its network of high street shops and online.

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.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
EUROPEAN COMMISSION

C(2017) 5819 final





To the Notifying Party



Subject:Case M.8545 – BAIN CAPITAL INVESTORS / REIFF TYRE

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 25 July 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Bain Capital Investors, L.L.C. ("Bain Capital" of the USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the tyre business of the Reiff group ("Reiff" of Germany) by way of a purchase of shares and assets.

2.The business activities of the undertakings concerned are:

-for Bain Capital: private equity investment firm active across most industries;

-for Reiff: distributor of replacement tyres on the wholesale and retail level predominantly in Germany. It also supplies wheel rims, complete wheels and ancillary services and operates a truck tyre re-treading business.

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.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
EUROPEAN COMMISSION

C(2017) 6040 final

To the notifying parties:

Subject:Case M.8598 – BNPP / STARWOOD / HOTEL PORTFOLIO

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 04 August 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings BNP Paribas Group ('BNPP', France) and Starwood Hotels & Resorts Worldwide, LLC ('Starwood', United States), belonging to Marriott International, Inc. ('Marriott', United States), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of two hotels in Italy (the 'Hotel Portfolio'), by way of purchase of shares and pre-existing hotel management agreements.

2.The business activities of the undertakings concerned are:

-for BNPP: banking group with domestic and international operations. Its two core businesses are: (i) Retail Banking & Services, and (ii) Corporate & Institutional Banking,

-for Starwood: wholly-owned subsidiary of Marriott. Marriott is a diversified hospitality company which acts as a manager and franchisor of some 6 080 hotels and timeshare properties worldwide,

-for the Hotel Portfolio: two hotels located in Italy (the Westin Palace in Milan and the Westin Europa & Regina in Venice) currently indirectly managed by Marriott.

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.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
EUROPEAN COMMISSION

C(2017) 6820 final





To the notifying party:



Subject:Case M.8604 – XELLA INTERNATIONAL / URSA

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 11 September 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Lone Star Fund X (U.S.), L.P. and Lone Star Fund X (Bermuda), L.P., through their fully owned subsidiary Xella International S.A.(Luxembourg), acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole Ursa Insulation S.A. and Ursa International GmbH (Spain), by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for Lone Star: a private equity firm that invests globally in real estate, equity, credit and other financial assets;

-for Xella International: a diversified building materials group, which includes mineral insulation boards;

-for Ursa: an insulation materials provider.

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 6 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
EUROPEAN COMMISSION

C(2017) 5775 final

PUBLIC VERSION





To the notifying parties

Subject:Case M.8567 – APG / PORTFOLIO

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 20 July 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking APG Asset Management N.V. (‘APG’, of the Netherlands) indirectly acquires within the meaning of Article 3(1)(b) of the Merger Regulation control over a portfolio of forty-eight European infrastructure companies (the ‘Portfolio’), by way of purchase of shares.

2.The business activities of the undertakings concerned are:

- for APG: is the asset management business unit of APG GROEP N.V., a collective pensions scheme provider. APG carries out the executive consultancy, asset management, pension administration and communication for pension funds in the field of collective pensions, for around 4,5 million Dutch citizens,

- for the Portfolio: consisting of DIF’s interest in forty eight companies/projects active in the infrastructure sector in Belgium, France, Germany, Ireland, the Netherlands, and the UK.

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.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
EUROPEAN COMMISSION

C(2017) 6987 final





To the notifying parties:

Subject:Case M.8607 -WARBURG PINCUS / TATA MOTORS / TATA TECHNOLOGIES

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 20 September 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Warburg Pincus LLC (United States) and Tata Motors Limited (India) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Tata Technologies Limited (India) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for Warburg Pincus LLC: a global private equity firm active (through its portfolio companies) in a variety of sectors, including energy, financial services, healthcare and consumer, industrial and business services, and technology, media and telecommunications;

-for Tata Motors Limited: an automobile company with worldwide operations;

-for Tata Technologies Limited: supply of outsourced engineering and product development IT services to the global manufacturing industry.

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.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 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, 17.10.2017 
C(2017) 7079 final 
 
 
To the Notifying Parties 
Subject: Case M.8623 – BOREALIS / OTPP / SSE / MAPLE  
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 18 September 2017, the European Commissi on received notifica tion of a proposed 
concentration pursuant to Article 4 of the Merger Regulation by wh ich the undertakings 
Borealis Smart Holdings B.V. (the Netherlands ), belonging to Borealis  European Holdings 
B.V. ("Borealis", the Netherlands) and cont rolled by Omers Administration Corporation 
("Omers", Canada), Ontario Limited (Canada), belonging to the Ontario Teachers' Pension 
Plan Board ("OTTP", Canada) and SSE Ma ple Limited (United Kingdom), belonging to 
SSE plc ("SSE", United Kingdom) acquire within  the meaning of Article 3(1)(b) of the 
Merger Regulation joint control over the w hole of the undertaking Maple TopCo Limited 
("Maple", United Kingdom) by way of  contract of management.3 
2. The business activities of the undertakings concerned are: 
− Borealis is a manager for Omers. Omers is the administrator of the Ontario Municipal 
Employees Retirement System Primary Pension Plan; 
− SSE is an energy company with operati ons in the United Kingdom and Ireland; 
− OTPP is the administrator of Canada's largest single-profession pension plan; 
− Maple is active in meter asset provision to  energy suppliers in  the United Kingdom. 
 
                                                 
1 OJ L 24, 29.1.2004, p. 1 (the 'Mer ger Regulation'). With effect from  1 December 2009, the Treaty on the 
Functioning of the European Union ('TFEU') has intr oduced certain changes, su ch as the replacement of 
'Community' by 'Union' and 'common market' by 'interna l 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 327 , 29.9.2017, p. 11. 
PUBLIC VERSION 
2 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 
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.