CELEX: 32016M8094
Language: en
Date: 2016-07-14 00:00:00
Title: Commission Decision of 14/07/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8094 - BNP PARIBAS FORTIS PRIVATE EQUITY BELGIUM / SOFINDEV IV / DHAM / NOVY INTERNATIONAL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 14.7.2016
                                        C(2016) 4672 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

                                        To the notifying parties

Dear Sirs,

Subject:    Case M.8094 – BNP PARIBAS FORTIS PRIVATE EQUITY BELGIUM / SOFINDEV IV / DHAM / NOVY INTERNATIONAL
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 21 June 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by
    which BNP Paribas Fortis Private Equity Belgium NV ('BNPPF PE', Belgium), Sofindev IV NV ('Sofindev', Belgium) and DHAM  NV  ('Korys/Colruyt
    Group', Belgium) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Novy  International
    NV ('Novy', Belgium) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for BNPPF PE: private equity and mezzanine financing. Its portfolio companies operate in sectors such as metal  and  plastic  supply  and
        manufacturing, university seed capital funds, bakery products, industrial service provider and real estate;

      – for Sofindev: private equity investments in Belgian small and medium sized  enterprises.  Its  portfolio  companies  are  active  in  the
        distribution of roofing and façade materials and the development of location-based software solutions;

      – for Korys/Colruyt Group: retail, wholesale and foodservice markets. It also has activities in software  solutions,  sustainable/renewable
        energy projects and the medical/life sciences market;

      – for Novy: design, manufacturing and marketing of high-end kitchen appliances, mainly cooker hoods.

 3. 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.[4]

 4. 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 and Article 57 of the EEA Agreement.

                                        For the Commission

                                        (signed)
                                        Johannes LAITENBERGER
                                        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]   OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
[3]   Publication in the Official Journal of the European Union No C 236, 30.6.2016, p. 48.
[4]   OJ C 366, 14.12.2013, p. 5.