Prior notification of a concentration (Case M.10564 – APOLLO / MISSGUIDED) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 29/08
Date: 2022-01-20
Institutions: Directorate-General for Competition, European Commission
Subjects: United Kingdom, clothing industry, cosmetic product, economic concentration, electronic commerce, footwear industry, investment company, merger control, retail trade, subsidiary, wholesale trade








C_2022029EN.01004601.xml










20.1.2022   


EN


Official Journal of the European Union


C 29/46






Prior notification of a concentration
(Case M.10564 – APOLLO / MISSGUIDED)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 29/08)

1.   
On 13 January 2022, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Alteri Investments II SC (‘Alteri’) (Luxembourg), controlled by Apollo Management L.P. (U.S.A.),










—


Nakai Investments Limited, (‘Nakai Investments’) (British Virgin Islands), controlled by Mr. Rajib Passi,










—


Missguided Limited (‘Missguided’) (United Kingdom), controlled by Mr. Rajib Passi.




Alteri and Nakai Investments acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Missguided Limited.
The concentration is accomplished 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 Alteri: Alteri is a subsidiary of Apollo. Apollo manages investments in companies worldwide that are active in a variety of sectors, including oil and gas, retail, and information technology. It also controls Walz Group and CBR Group, which are inter alia active in the design, wholesale and retail of women’s apparel.










—


for Nakai Investments: Nakai Investments is a company indirectly and wholly held by Mr. Rajib Passi. Mr. Rajib Passi also controls By Design LLC, which is a wholesale clothing fashion group active in the U.S.A.










—


for Missguided: Missguided is a UK-based online retailer (e-commerce) active worldwide. It is active in both the retail and wholesale supply of clothing, apparel, footwear, and ‘health and beauty’ products. Missguided is currently solely controlled by Mr. Rajib Passi, who owns 100 % of Missguided through R Holding Company Limited (‘R Holding’, British Virgin Islands) and Nakai Investments.






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 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.10564 – APOLLO / MISSGUIDED
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.