Prior notification of a concentration (Case M.9869 – EQT Fund Management/TowerBrook Capital Partners/ACPS Automotive) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 208/02
Date: 2020-06-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronic commerce, investment company, merger control, motor vehicle industry, retail trade, vehicle parts








C_2020208EN.01000201.xml










22.6.2020   


EN


Official Journal of the European Union


C 208/2






Prior notification of a concentration
(Case M.9869 – EQT Fund Management/TowerBrook Capital Partners/ACPS Automotive)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 208/02)

1.   
On 12 June 2020, 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:






—


EQT Mid Market Credit and EQT Mid Market Credit II (‘EQT Acquirer Funds’), controlled by EQT Fund Management S.à r.l. (‘EFMS’, Luxembourg),










—


TowerBrook Capital Partners, L.P. (‘TowerBrook’, USA),










—


Hitched Holdings 1 B.V. (‘ACPS’, the Netherlands).




EFMS and TowerBrook acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of ACPS.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


the EQT Acquirer Funds seek to provide flexible, long-term debt capital solutions to medium-sized European businesses, across a wide range of sectors. One of EQT’s portfolio companies is kfzteile24, an online retailer of auto parts and accessories in the IAM channel, principally operating in Germany,










—


TowerBrook is an investment management firm. It is based in Europe and the USA and focuses on making investments in large and middle market European and North American companies,










—


ACPS is a global manufacturer and supplier of automotive equipment and accessories. In particular, ACPS specialises in the manufacturing and sale of tow bars and trailer hitches as well as load carrying system.






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.9869 – EQT Fund Management/TowerBrook Capital Partners/ACPS Automotive
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.