CELEX: 32019M9335
Language: en
Date: 2019-05-08 00:00:00
Title: Commission Decision of 08/05/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9335 - c/o Triton Managers V Limited / Luxinva S.A. / IFCO Group) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 08.05.2019
                                                                C(2019) 3653 final
                                                                                      PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9335 - TRITON / LUXINVA / IFCO SYSTEMS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 9 April 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Triton Managers V
        Limited (Jersey), Triton Fund V GP S.à r.l. (Luxembourg), Triton Fund V F&F No. 3
        General Partner Limited (Jersey) and TFF V Limited (Jersey) (together referred to as
        “Triton Fund V”) and Luxinva S.A. (“Luxinva”, Luxembourg) acquire within the meaning
        of Article 3(1)(b) of the Merger Regulation joint control of the IFCO Systems B.V. (“IFCO
        Group”, the Netherlands) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
          —        for Triton Fund V: belongs to a group of independent European private equity
                   funds managed and advised by the Triton group (collectively “Triton”, Channel
                   Islands). The private equity funds managed by the Triton group, including Triton
                   Fund V, are dedicated to investing primarily in medium-sized businesses
                   headquartered in Northern Europe, with particular focus on businesses in three
                   core sectors: Business Services, Industrials and Consumer/Health;
          —        for Luxinva: an indirect, wholly-owned subsidiary of the Abu Dhabi Investment
                   Authority (“ADIA”) and owns private equity investments. ADIA is a government
                   entity owned by the Emirate of Abu Dhabi. It invests funds allocated to it by the
                   government of Abu Dhabi and manages a global investment portfolio that is
                   diversified across multiple asset classes;
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 140, 16.04.2019, p.14.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---      —       for the IFCO Group: active in the food transportation packaging sector. It
             provides pooled reusable plastic containers (“RPCs”) that are primarily used to
             transport fresh food products (including fruits, vegetables, meat and poultry,
             seafood, eggs and bakery goods) from growers or manufacturers to grocery
             retailers. The IFCO Group also provides management services in relation to its
             RPCs ranging from delivering clean containers to producers, collecting them from
             retailers, to cleaning and sanitizing them for re-use.
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
4  OJ C 366, 14.12.2013, p. 5.
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