CELEX: 32013M6951
Language: en
Date: 2013-07-09 00:00:00
Title: Commission Decision of 09/07/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6951 - BAIN CAPITAL / FTE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32013M6951

Commission Decision of 09/07/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6951 - BAIN CAPITAL / FTE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 8.7.2013
             PUBLIC VERSION C(2013) 4464 final
             SIMPLIFIED MERGER PROCEDURE 
            To the notifying party:  |  |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6951 - BAIN CAPITAL/ FTE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1] 
             1. On 05/06/2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the Bain Capital Europe Fund III, L.P, part of Bain Capital Investors, LLC. (“Bain Capital”, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over FTE Verwaltungs GmbH (“FTE", Germany) by way of a purchase of shares.
             2. The business activities of the undertakings concerned are:
              - for Bain Capital: private equity investment firm, active worldwide across most industries, including information technology, healthcare, retail and consumer products, communications, chemicals, financial and industrial/manufacturing;
              -  for FTE: manufacturing company, active worldwide in particular in the development, production and sale of hydraulic clutch actuation and hydraulic brake systems and components. [2]  
             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 [3]  .  
             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.
             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 166 of 12.6.2013, p.7.
            [3] OJ C 56, 5.3.2005, p. 32.