ddrg/super_eurlex huggingface dataset:
|EUROPEAN COMMISSION |

Brussels , 2.2.2011

SG-Greffe(2011) D/1731

C(2011) 711 final

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6107 – PLATINUM EQUITY / NAMPAK PAPER HOLDINGS Notification of 21/12/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 357, 30.01.2010, p.29

1. On 21/12/2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Platinum Equity Group ("Platinum", USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Nampak Paper Holdings Limited, ("Nampak Paper", UK), a wholly-owned subsidiary of Nampak Holdings Plc., by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for undertaking Platinum : merger, acquisition and operation of companies active in a broad range of businesses, including information technology, telecommunications, logistics, metal services, manufacturing and distribution.

- for undertaking Nampak Paper: manufacture and supply of packaging.

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 [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.

For the Commission

(Signed) Alexander ITALIANER Director General

[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 C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 25.5.2011

C(2011) 3790 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties: |

|

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M. 6224 – OAKTREE/TPG/TAYLOR MORRISON HOMEBUILDING BUSINESS Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 18/04/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Oaktree Capital Group, LLC ("Oaktree") and TPG Holdings II, L.P. ("TPG"), both from the United States, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Taylor Morrison, United States, by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for Oaktree: alternative and non-traditional investment funds

- for TPG: a holding vehicle for various investments funds

- for Taylor Morrison: a homebuilding enterprise with activities in the United States and Canada [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(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

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.

For the Commission

(signed)

Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C 127, 29.04.2011, p.14.

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 13.4.2011

PUBLIC VERSION C(2011) 2729 final

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6112 - GOOD ENERGIES / NEIF / NEWCO Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 17 March 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Good Energies II LP (The Channel Islands), ultimately controlled by Avenia AG ("Avenia", Switzerland) a company wholly-owned by various members of the Brenninkmeijer family, and NIBC European Infrastructure Fund I C.V., ("NEIF", The Netherlands) with as ultimate parent company NEW NIB Limited ("NEW NIB", USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of FIWA II Projektgesellschaft mbH ("FIWA II"), FIWA III Projektgesellschaft mbH ("FIWA III") and FIWA II + III Umspannwerk GmbH ("Umspannwerk GmbH") through a new holding company, Blue Forrest Solar Holdings B.V. ("NewCo B.V."), by way of purchase of shares [2] .

2. The business activities of the undertakings concerned are:

- Good Energies/Avenia retail, real estate, financial services and private equity investments, including investments in renewable energies.

- NEIF/ NEW NIB: financial services

- FIWA II, FIWA III and Umspannwerk GmbH: generation of photovoltaic energy

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) as well as paragraph 5 (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

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.

For the Commission

(signed) Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C 93, 25/03/2011, p.27.

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 13.05.2011

C(2011) 3460 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.5985 – ZMB CH/ GWH Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

(1) On 07.04.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking ZMB (Schweiz) AG (Switzerland) belonging to the group Gazprom (Russia) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking GWH Gashandel GmbH (Austria) by way of purchase of shares [2] .

2. The business activities of the undertakings concerned are:

- for ZMB (Schweiz) AG: trading of natural gas

- for Gazprom: vertically integrated group of undertakings mainly active in exploration, production, processing, transport and sale of natural gas

- for GWH Gashandel GmbH: sales and transit of natural gas

1. 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(d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

2. 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.

For the Commission (signed) Alexander ITALIANER Director General

[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]Publication in the Official Journal of the European Union No C 119, 16/04/2011, p.13

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels, 9.8.2011

C(2011)5888

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6299 – KKR / SORGENIA / SORGENIA FRANCE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 11/07/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which investments funds affiliated with KKR & Co. L.P. ("KKR", USA) and Sorgenia S.p.A. ("Sorgenia", Italy), which is part of the group of companies controlled by Cofide, acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, indirect joint control of Sorgenia France S.A ("Sorgenia France", France), currently solely controlled by Sorgenia, by way of purchase of shares. [2] .

2. The business activities of the undertakings concerned are:

- KKR: provision of alternative asset management services and capital markets solutions;

- Sorgenia: generation, wholesale and retail trading of gas and electricity essentially in Italy;

- Sorgenia France: generation of electricity in France from renewable sources.

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 [3] .

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.

For the Commission

(signed) Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C 212, 19/07/2011, p.36

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 07/07/2011

C(2011) 5071

PUBLIC VERSION |

|

SIMPLIFIED MERGER PROCEDURE |

|To the notifying parties |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6229 - PAG/ MITSUI/ AMT JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 01 June 2011, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Mitsui & Co., Ltd. ("Mitsui", Japon) and Penske Automotive Group, Inc. ("PAG", USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the Company Alliance Motor Tyumen ("AMT", Russia) by way of purchase of shares. [2]

2. The business activities of the undertakings concerned are:

- for Mitsui: the sale, distribution, purchase, marketing and supply of products in business areas such as: iron and steel; non-ferrous metals; machinery; electronics; chemicals; energy-related commodities; and foods and retail, lifestyle and consumer service, and the sale of motor vehicles and motorcycles, and motor vehicle and motorcycle parts and accessories globally.

- for PAG : car retailing business, selling new and used vehicles, maintenance and repair services and the sale and placement of higher-margin products, such as third-party finance and insurance products, third-party extended service contracts and replacement and aftermarket automotive products.

- for AMT: the sale, maintenance and repair of Lexus motor vehicles.

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 [3] .

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.

For the Commission (Signed) Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C 174, 15.06.2011, p.13.

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 10/08/2011

C(2011)5936

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6304 – Carlyle / Gores Broadband Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

(1) On 06.07.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the Carlyle Group ("Carlyle", United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Gores Broadband SA ("Gores Broadband", France) by way of purchase of shares [2] .

(2) The business activities of the undertakings concerned are:

– Carlyle: global alternative asset manager focusing on aerospace and defense, financial services, infrastructure, telecom and media, consumer and retail, healthcare, real estate, transportation, energy and power, industry, and technology and business services;

– Gores Broadband: French holding company of Sagemcom SAS, which specializes in broadband terminals and energy solutions, produces printing and imaging technologies, residential terminals and set-top-boxes, and products and solutions in the field of energy and telecom;

(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 [3] .

(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.

For the Commission

Signed Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C 208, 14.07.2011, p.09

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 31.08.2011

C(2011) 6301 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

|To the notifying party: |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6342 - UPM-KYMMENE/ MYLLYKOSKI PAPER Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 1 August 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which UPM-Kymmene Corporation ("UPM", Finland) acquires within the meaning of Article 3 (1) (b) of the Merger Regulation sole control of the whole Myllykoski Paper Oy ("Myllykosky Paper", Finland), by way of purchase of shares. As a result of the notified transaction, UPM will acquire the 35 % stake in Myllykoski Paper, currently held by M-real Corporation (M-real). The remaining 65% of the shares in Mylllykoski Paper are owned by UPM following its acquisition of Myllykoski Corporation ("Myllykoski") on 1 August 2011 [2] .

2. The business activities of the undertakings concerned are:

- For UPM-Kymmene Corporation: development, production and marketing of paper products. It also produces pulp electricity, sawn timber and wood panel products.

- For Myllykosky Paper Oy: production of paper products.

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(d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

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.

For the Commission (signed) Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C 231, 06/08/2011, p.10

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 10.08.2011

C(2011) 5935

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6324 - BAIN CAPITAL / HELLMAN & FRIEDMAN / SECURITAS DIRECT Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 11 July 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Bain Capital Investors, LLC (“Bain Capital Investors”) and Hellman & Friedman Corporate Investors VII, Ltd or its affiliates (together with its affiliated and parallel funds and fund entities, “HFCP VII”). acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Securitas Direct AB and ESML SD Iberia Holding, S.L.U. and their subsidiaries ("Securitas Direct") by way of purchase of shares [2] .

2. The business activities of the undertakings concerned are:

- Bain Capital Investors: private equity investment firm;

- HFCP VII: private equity fund;

- Securitas Direct: provision of security 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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

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.

For the Commission

Signed

Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C209, 15.07.2011, p. 29

[3] OJ C 56, 5.3.2005, p. 32.
|EUROPEAN COMMISSION |

Brussels , 14.9.2011

C(2011) 6552 PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties: | |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6372 – OTPP/ MACQUARIE/ SFPI-FPIM/ THE BRUSSELS AIRPORT COMPANY Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 17.08.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Ontario's Teachers Pension Plan (Canada), acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control, together with the Macquarie Group (Australia) and La Société Fédérale de Participations et d'Investissement/ De Federale Participatie- en Investeringsmaatschappij (SFPI/FPIM) (Belgium), of the whole of the undertaking The Brussels Airport Company (Belgium) by way of purchase of shares. [2]

2. The business activities of the undertakings concerned are:

- Ontario's Teachers Pension Plan: to administer, manage and invest the pension fund for active and retired teachers in Ontario.

- Macquarie Group: to provide banking, financial, advisory, investment and funds management services.

- SFPI/FPIM: to proceed, on its own initiative, with investments that serve the interests of the Belgian economy and, at the State request, to act as a holding company on its own funds.

- The Brussels Airport Company SA: to own and operate the airport at Brussels, Belgium.

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 [3] .

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.

For the Commission (signed) Alexander ITALIANER Director General

[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] Publication in the Official Journal of the European Union No C244, 23.08.2011, p. 8.

[3] OJ C 56, 5.3.2005, p. 32.