CELEX: 32017M8328
Language: en
Date: 2017-01-25 00:00:00
Title: Commission Decision of 25/01/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8328 - THE CERBERUS GROUP / STAPLES EUROPE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 25.1.2017
            
            
               C(2017) 492 final
            
            
            
            
                     
                        
                  
                  
                     
                        To the notifying party: 
                     
                     
                  
               
            
               Subject:Case M.8328 – THE CERBERUS GROUP / STAPLES EUROPE
                  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 22 December 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Promontoria Holding 192 B.V. (“Promontoria”) belonging to the Cerberus Group (“Cerberus”, U.S.) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Staples Solutions B.V. (“Staples Europe”, The Netherlands) by way of purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Cerberus: A private investment firm which is engaged in investment in real property and personal property of all kinds, including, but not limited to, capital stock, depository receipts, investment companies, mutual funds, subscriptions, warrants, bonds, notes, debentures, options and other securities of different kinds and nature in diverse industries worldwide. Although no particular industry constitutes a significant proportion of the Cerberus Group’s turnover, some of the main sectors in which the undertakings controlled by the Cerberus Group generate turnover are financial services, manufacturing, building materials and real estate;
            
            
               -for Staples Europe: A provider of office supplies, technology products and services, facilities and breakroom supplies, furniture, copy and print services and a wide range of other product categories to businesses and consumers.
            
            
               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 7, 10.1.2017, p.2.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.