Prior notification of a concentration (Case M.11255 – APOLLO MANAGEMENT / BC PARTNERS / PETSMART) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 316/05
Date: 2023-09-06
Institutions: Directorate-General for Competition, European Commission
Subjects: Canada, Puerto Rico, United States, consultancy, economic concentration, investment company, merger control, pet shop, provision of services, supermarket








C_2023316EN.01000601.xml










6.9.2023   


EN


Official Journal of the European Union


C 316/6







Prior notification of a concentration
(Case M.11255 – APOLLO MANAGEMENT / BC PARTNERS / PETSMART)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 316/05)


1.   
On 25 August 2023, 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:






—


Apollo Management, L.P. (‘Apollo’, United States),










—


BC Partners LLP (‘BC Partners’, United Kingdom),










—


PetSmart LLC (‘PetSmart’, United States), currently solely controlled by BC Partners.




Apollo and BC Partners will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of PetSmart.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Apollo is a high-growth, global alternative asset manager,










—


BC Partners is an asset management firm whose sole activity is to provide advisory services.






3.   

The business activities of PetSmart are the following: PetSmart operates a chain of pet superstores across the United States, Puerto Rico and Canada that sell pet products, including food, supplies, and accessories, and also small pets; offer pet services, including grooming, day care, dog and cat boarding, veterinary care via in-store clinics operated by third parties, and dog training; and offer dog and cat adoption via in-store adoption centres in partnership with PetSmart Charities, a not-for-profit organisation.



4.   
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.


5.   
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.11255 – APOLLO MANAGEMENT / BC PARTNERS / PETSMART
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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.