CELEX: 32013M6912
Language: en
Date: 2013-06-20 00:00:00
Title: Commission Decision of 20/06/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6912 - MICHAEL S DELL / DELL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32013M6912

Commission Decision of 20/06/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6912 - MICHAEL S DELL / DELL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 20/06/2013
             C(2013) 3996 final
             PUBLIC VERSION
             SIMPLIFIED MERGER PROCEDURE
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            To the notifying party: |  |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6912 - MICHAEL S DELL/ DELL Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1]  
            1.  On 15.05.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which MSD Capital, L.P. (“MSD Capital”, USA), controlled by Michael S. Dell ("MD", USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Dell Inc. (“Dell”, USA), by way of purchase of shares. 
            2.  The business activities of the undertakings concerned are:
            -  MD is the founder, chairman and CEO of Dell;
            -  MSD Capital is MD's family investment firm;
            -  Dell is a publicly traded company active in the design, sale, support and reparation of computing hardware (including personal computers, workstations and servers, networking products and storage products), imaging solutions (including printers), mobility solutions, and displays, software and services [2]  .
            2.    After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3]  .  
            3.    For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.
             For the Commission
             (Signed)
             Alexander ITALIANER Director General
            [1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.
            [2]  Publication in the Official Journal of the European Union No C 143, 23.05.2013, p.8
            [3] OJ C 56, 5.3.2005, p. 32.