CELEX: 32016M8022
Language: en
Date: 2016-06-03 00:00:00
Title: Commission Decision of 03/06/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8022 - KKR / AIRBUS DEFENCE ELECTRONICS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 03.06.2016
                                        C(2016) 3553 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

|                                                                       |To the notifying party                                                 |

Dear Sirs,

Subject:    Case M.8022 - KKR / AIRBUS DEFENCE ELECTRONICS
         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 10 May 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which the undertaking KKR & Co. L.P. ('KKR', United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation  control
    of the whole of the undertakings Airbus DS Optronics GmbH ('Optronics GmbH', Germany),  Airbus  DS  Electronics  and  Border  Security  GmbH
    ('Electronics GmbH', Germany) and Airbus DS Electronics and Border Security SAS ('Electronics  SAS',  France),  (together,  'Airbus  Defence
    Electronics') by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for KKR: ownership, management of private equity funds investing in companies in a variety of sectors,

      – for Airbus Defence Electronics: manufacturing and sale of sensor systems, including military radar, military  communications,  electronic
        warfare and optronics. Airbus Defence Electronics has been carved out of Airbus Defence & Space GmbH and  Airbus  Defence  &  Space  SAS,
        whose activities include (i) the provision of military aircraft; (ii) designing,  developing  and  operating  major  space  systems;  and
        (iii) providing satellite and terrestrial communications systems, intelligence and security solutions.

 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 174, 14.5.2016, p. 18.

[4]   OJ C 366, 14.12.2013, p. 5.