CELEX: 32013M6981
Language: en
Date: 2013-12-16 00:00:00
Title: Commission Decision of 16/12/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6981 - TPG / SERVCO / FENDER MUSICAL INSTRUMENT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 16.12.2013
                                        C(2013)9591

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                                        |To the notifying party:                                            |                                                                          |
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Dear Madam(s) and/or Sir(s),

Subject:    Case No COMP/M.6981 - TPG / SERVCO / FENDER MUSICAL INSTRUMENT
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 18 November 2013, the European Commission received a notification of a proposed concentration pursuant  to  Article  4  and  following  a
    referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 by which  the  undertakings  TPG  Slowhand,  LP  ("TPG",  USA),  an
    investment vehicle of TPG Growth II L.P., which belongs to the TPG Group, and Servco Pacific Inc ("Servco", USA) acquire within the  meaning
    of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Fender Musical Instruments Corporation ("Fender", USA)  by  way
    of purchase of shares.[2]

 2. The business activities of the undertakings concerned are:

1 for TPG Group: private investment firm investing in a broad range of industries including inter alia: consumer, retail,  technology,  internet,
        healthcare, energy, clean-tech and renewables, transportation, industrials, and business services.

2 for Servco: automotive retailing, parts and service, home products retailing and commercial insurance brokerage.

3 for Fender: fretted instruments, guitar amplifiers, percussion instruments and accessories.

 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.[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
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[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 343, 23.11.2013, p. 19.

[3]   OJ C 56, 5.3.2005, p. 32.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE