Prior notification of a concentration (Case M.11270 – KKR / THE FUCHS FAMILY FOUNDATION / OHB) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 332/06
Date: 2023-09-21
Institutions: Directorate-General for Competition, European Commission
Subjects: air transport, artificial intelligence, astronautics, digitisation, economic concentration, foundation, information security, investment company, merger control, space transport








C_2023332EN.01000801.xml










21.9.2023   


EN


Official Journal of the European Union


C 332/8







Prior notification of a concentration
(Case M.11270 – KKR / THE FUCHS FAMILY FOUNDATION / OHB)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 332/06)


1.   
On 12 September 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:






—


KKR & Co. Inc (‘KKR’, United States),










—


Fuchs Family Foundation (‘FFF’, Germany) controlled by Marco Fuchs,










—


OHB SE (the ‘JV’, Germany), controlled by FFF.




KKR and FFF will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.
The concentration is accomplished by way of public bid announced on 7 August 2023.


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






—


KKR is a global investment firm that offers alternative asset management as well as capital markets and insurance solutions.










—


FFF is a family foundation through which the Fuchs family currently holds the majority of shares and voting rights in the JV.










—


The JV is active in three core business segments: (i) space systems, (ii) aerospace; and (iii) digital, which provides telescopes, grounds sytems and antennas linking ground infrastructure with space, in addition to cybersecurity, encryption, artificial intelligence, data processing and satellite data analysis products and services.






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.11270 – KKR / THE FUCHS FAMILY FOUNDATION / OHB
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: mailto: 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.