CELEX: 32018M9036
Language: en
Date: 2018-09-11 00:00:00
Title: Commission Decision of 11/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9036 - Advent / GE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 11.9.2018
            
            
               C(2018) 5991 final
            
            
               
                  PUBLIC VERSION
               
            
            
            
               
                  To the notifying party:
            
            
               Subject:Case M.9036 - ADVENT INTERNATIONAL CORPORATION / GE (DISTRIBUTED POWER BUSINESS)
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 20 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Advent International Corporation (USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over GE Distributed Power, Inc. (“GE DP”, USA), General Electric Austria GmbH (“GE Austria”, Austria), Jenbacher International BV (“Jenbacher International”, The Netherlands), together "GE Distributed Power Business".
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               2.The business activities of the undertakings concerned are:
            
            
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                     Advent International Corporation is a private equity investor with holdings in various sectors, including financial services, industrial goods and services, consumer goods, media and telecommunication, leisure services, healthcare and pharmaceuticals;
            
            
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                     GE Distributed Power Business manufactures and sells reciprocating gas engines, and it provides aftermarket services related to these engines, including the supply of spare parts.
            
            
               
            
               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.
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               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 302, 28.8.2018, p. 20.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.