ddrg/super_eurlex huggingface dataset:
EUROPEAN COMMISSION

C(2018)892 final

PUBLIC VERSION





To the notifying party :







Subject:Case M.8540 - KUEHNE + NAGEL / KUEHNE + NAGEL DRINKSFLOW LOGISTICS

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 08 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Kuehne + Nagel Limited ("K+N", United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of the undertaking Kuehne + Nagel Drinkflow Logistics Holdings Limited ("K+NDL", United Kingdom), a company jointly controlled by K+N and Heineken UK Limited (‘Heineken’) and which is the parent company of Kuehne + Nagel Drinkflow Logistics Limited (‘K+NDL AssetCo’), by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for K+N: provision of contract logistics services in the United Kingdom. K+N's business activities include storage, warehousing and distribution of food, beverage and general goods;

-for K+NDL: provision of drinks distribution services in the United Kingdom.

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.

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(2018) 1156 final





To the Notifying Parties

Subject:Case M.8798 – TA ASSOCIATES / OTPP / FLEXERA HOLDINGS

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 26 January 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which TA Associates, L.P. (USA) and Ontarios Teachers' Pension Plan Board 'OTPP' (Canada) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Flexera Holdings LP. (USA). The concentration is accomplished by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for TA Associates, L.P.: private equity investments through various funds in selected industries, including business services, consumer, financial services, healthcare and technologies.

-for OTPP: administration of pension benefits and investment of pension plan assets on behalf of active and retired teachers in the Canadian province of Ontario.

-for Flexera Holdings LP: provision of software products and services to IoT device manufacturers, software publishers and enterprise customers.

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.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(2018) 1495 final

PUBLIC VERSION

To the notifying parties:

Subject:Case M.8767 - CDPQ / HYPERION INSURANCE 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 12 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Caisse de dépôt et placement du Québec (‘CDPQ’, Canada), together with General Atlantic Hawthorn BV (‘GA’, The Netherlands), part of General Atlantic Group (‘GA Group’, United States), and certain natural persons, acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Hyperion Insurance Group Limited (‘Hyperion’, UK) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-for CDPQ: long-term institutional investor that manages funds for public and private pension and insurance funds, active worldwide,

-for Hyperion: insurance and reinsurance broker, and underwriting agency, active worldwide,

-for GA: investment holding company, part of GA Group, a private equity firm active worldwide.

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(2018) 525 final





To the Notifying Party







Subject:Case M.8730 - SHV HOLDINGS / LIQUIGAS

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 12 December 2017 the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings SHV Holdings N.V. A ("SHV" The Netherlands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Liquigas S.p.A. ("Liquigas" Italy), jointly controlled by SHV and Brixia Finanziaria S.r.l. The concentration is accomplished by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-SHV is a holding company active in the energy sectror. In particular it focuses in distribution of lower-carbon gasous fuels, such as LPG,

-Liquigas is active in the LPG sector in Italy.

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.

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(2018) 2106 final

PUBLIC VERSION



To the notifying party



Subject:Case M.8830 — Strategic Value Partners/Vita 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 7 March 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Strategic Value Partners, LLC (United States), through its subsidiary Sunshine Bidco Limited, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Vita Group (United Kingdom), ultimately controlled by TPG Capital (United States) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-Strategic Value Partners, LLC is a privately owned investment firm that manages hedge funds and private equity funds and invests in public and private equity markets, debt markets and other alternative investment markets world-wide.

-The Vita Group is a pan-European manufacturer and supplier of polyurethane foam, including production of foam and conversion of foam.

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, 26.04.2018 
C(2018) 2685 final 
   
To the notifying parties 
 Subject: Case M.8824 – Mitsui Rail Capi tal Europe/Siemens Nederland/JV 
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 3 April 2018, the European Commissi on received notification of a proposed 
concentration pursuant to Article  4 of the Merger Regulation by which M itsui Rail Capital 
Europe GmbH ('MRCE', Germany), belonging to  the group Mitsui (Japan), and Siemens 
Nederland N.V. ('Siemens', the Netherlands),  belonging to the group Siemens (Germany), 
acquire within the meaning of Articles 3(1)(b ) and 3(4) of the Merger Regulation joint 
control of a maintenance workshop for locomo tives in the Rotterdam harbour area by way 
of purchase of shares in a newly created  company constituting a joint venture.3 
2. The business activities of the undertakings concerned are: 
− for MRCE: operational leasing of rolling stock, procurement and financing of 
locomotives, 
− for Siemens: primarily active in the di visions Power and Gas, Power Generation 
Services, Energy Management, Building T echnologies, Mobility, Digital Factory, 
Process Industries and Drives, Siemens H ealthineers and Siemens Gamesa Renewable 
Energy. 
3. After examination of the notification, the Eu ropean Commission ha s concluded that the 
notified operation falls within the scope of th e Merger Regulation and of paragraphs 5(a) 
                                                 
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 122, 09.04.2018, p.8. 
PUBLIC VERSION 
2 and 5(c) of the Commission Notice on a simp lified procedure for tr eatment 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.
EUROPEAN COMMISSION

PUBLIC VERSION

C(2018) 3380 final











To the notifying parties:

Subject:Case M.8895 - 3i GROUP / FSI / HERMES / SCANDLINES

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 April 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings 3i Group plc (‘3i’, United Kingdom), First State Investments International Limited (‘FSI’, Australia) and Hermes GPE LLP, belonging to Hermes Investment Management Group (‘Hermes’, United Kingdom), acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, by way of purchase of shares, joint control of Scandlines Holding ApS (‘Scandlines’, Denmark).

2.The business activities of the undertakings concerned are:

-for 3i: international investor and investment management business focused on midmarket private equity and infrastructure investments;

-for FSI: asset management division of the Commonwealth Bank of Australia;

-for Hermes: UK investment manager specialising in developing bespoke and diversified private equity and infrastructure portfolios on behalf of its clients;

-for Scandlines: provision of ferry services for passengers and freight on two short- distance routes between Germany and Denmark.

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(2018) 3715 final







PUBLIC VERSION











To the notifying parties:

Subject:Case M.8882 - KENNEDY WILSON / AXA / JV

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 May 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings Kennedy Wilson Holdings, Inc. ('Kennedy Wilson', United States) and AXA S.A. ('AXA', France) acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control of a newly created joint venture that will be active in real estate services in Ireland, by way of purchase of shares in a newly created company constituting a joint venture.

2.The business activities of the undertakings concerned are:

– for Kennedy Wilson: real estate investment, development and management;

– for AXA: life, health and other forms of insurance, as well as investment management.

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(2018) 3885 final



PUBLIC VERSION





To the notifying parties



Subject:Case M.8496 — Strabag/Max Bögl International/SMB

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 22 May 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Strabag AG ('Strabag', Austria) and Max Bögl International SE ('Bögl', Germany) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of SMB Construction International GmbH ('SMB', Germany) by way of purchase of shares in a newly created company constituting a joint venture.

2.The business activities of the undertakings concerned are:

-for Strabag: all areas of the building and construction industry, especially road construction, civil engineering, project management and construction materials,

-for Bögl: various segments of the construction industry, especially construction of public buildings, civil engineering and infrastructure,

-for SMB: construction of inclining curves for proving grounds for automobiles.

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.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(2018) 4369 final

To the notifying party:



Subject:Case M.8929 - Apollo Management/Generali Belgium

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 June 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Athora Holding Ltd. ("Athora", Bermuda), which is controlled by Apollo Management L.P. ("Apollo", US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Generali Belgium S.A. ("Generali Belgium", Belgium) by way of purchase of shares.

2.The business activities of the undertakings concerned are:

-Athora is active in insurance and reinsurance in Germany and the United Kingdom,

-Apollo is a global investment fund that has holdings in businesses in a range of sectors,

-Generali Belgium is a provider of life and non-life insurance, active only in 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.

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, 6.7.2018 
C(2018) 4453 final 
 
 
To the notifying parties:  
Subject: Case M.8904 - PIMCO / ECHO / JV  
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 13 June 2018, the European Commission received notifica tion of a proposed 
concentration pursuant to Article 4 of the Merger Regulation by wh ich the undertakings 
R4R S.à r.l. ("R4R", Luxembourg), belong ing to Pacific Investment Management 
Company LLC ("PIMCO", USA) and Echo Inve stment S.A. ("Echo", Poland) acquire 
within the meaning of Articles 3(1)(b) and 3(4) of the Merger  Regulation joint control of a 
newly established Joint Venture by way of purchase of shares.3 
2. The business activities of the undertakings concerned are: 
 – for PIMCO:  investment activities, including in re al estate assets and services, 
 – for Echo: real estate development in th e office, retail and residential sectors, 
 – for the JV: rental of real estate.  
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 '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 216 , 20.06.2018, p. 6. 
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