Prior notification of a concentration (Case M.8755 — PAI/bcIMC/Refresco) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-01-30
Institutions: European Commission
Subjects: beverage industry, consultancy, economic concentration, investment company, merger control








C_2018033EN.01002201.xml










30.1.2018   


EN


Official Journal of the European Union


C 33/22





Prior notification of a concentration
(Case M.8755 — PAI/bcIMC/Refresco)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 33/12)






1.


On 23 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


PAI Partners SAS (PAI) (France) is an independent company which manages and advises dedicated private equity funds.










—


British Columbia Investment Management Corporation (bcIMC) (Canada) is an institutional Canadian investor.










—


Refresco Group NV (Refresco) (The Netherlands) is a public limited liability company, incorporated under the laws of the Netherlands.




PAI and bcIMC acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Refresco.
The concentration is accomplished by way of public bid announced on 25 October 2017.










2.


The business activities of the undertakings concerned are:
—   for PAI: management and advice of dedicated private equity funds which control companies active in five core sectors, i.e. business services (e.g. audiovisual technical services, IT services, rental light equipment, ground handling services), food & consumer goods (e.g. smoked fish, foie gras and spreadables; biscuits and snacks; ice-cream; coffee machines; eyewear), industry (e.g. building materials, packaging, automotive and chemicals), healthcare and retail & distribution (e.g. apparel, automotive fast-fit services, duty-free shops),
—   for bcIMC: investments on behalf of public sector clients in fixed income, mortgages, public and private equity, real estate, infrastructure and renewable resources,
—   for Refresco: manufacture of fruit juices, soft drinks and mineral waters. Refresco also packs beer, cider and some alcoholic mix drinks in cans as well as some carbonated alcoholic drinks in PET.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.8755 — PAI/bcIMC/Refresco
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal address:




European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.