CELEX: 32016M8156
Language: en
Date: 2016-10-03 00:00:00
Title: Commission Decision of 03/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8156 - CLAYTON DUBILIER & RICE / WM HOLDING / BUT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 3.10.2016
                                        C(2016) 6440 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

                                        To the notifying parties

Dear Sirs,

Subject:    Case M.8156 – CLAYTON DUBILIER & RICE / WM HOLDING / BUT
         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 9 September 2016, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertakings Clayton, Dubilier & Rice, Fund IX, L.P. and affiliated investment funds, part of the Clayton,  Dubilier
    & Rice Group (‘CD&R’, United States), and WM Holding GmbH (‘WM’, Austria) indirectly acquire within the meaning of Article  3(1)(b)  of  the
    Merger Regulation joint control of Décomeubles Partners SAS (‘BUT’, France) by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for CD&R: a private equity investment firm which has investments in various sectors of the economy,

      – for WM: WM is a holding company affiliated with an Austrian individual who is the founder of a trust that indirectly holds  a  50%  stake
        in an undertaking active in the retailing of furniture, decoration and household goods,

      – for BUT: retailing of furniture, decoration and household goods as well as domestic appliances  and  consumer  electronics  primarily  in
        France.

 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(c) 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 344, 20.9.2016, p. 9.
[4]   OJ C 366, 14.12.2013, p. 5.