CELEX: 32015M7807
Language: en
Date: 2015-10-29 00:00:00
Title: Commission Decision of 29/10/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7807 - SUN CAPITAL / FINLAYS HORTICULTURE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 29 October 2015
                                        C(2015) 7667 final

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|                                                                       |To the notifying party:                                                |

Dear Sirs,

Subject:    Case M.7807 - SUN CAPITAL/ FINLAYS HORTICULTURE
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 5 October 2015 the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation
    by which Sun Capital Partners VI, L.P.,  ultimately controlled by Sun Capital Partners, Inc. (‘Sun Capital’, United States), acquires within
    the meaning of Article 3(1)(b) of the Merger Regulation sole control of Finlays Horticulture Investments Limited  and  Finlays  Horticulture
    Holdings Limited (together ‘Finlays Horticulture’, United Kingdom) by way of purchase of shares.[2]

 2. The business activities of the undertakings concerned are:

    - for Sun Capital: private equity investment through leveraged buyouts, equity, debt, and other tools in a variety of industries worldwide,

    - for Finlays Horticulture: the growing, processing, marketing and distribution of sustainably produced cut flowers,  premium  and  prepared
         vegetables and fresh herbs.

 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.[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. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

                                        For the Commission
                                        (Signed)
                                        Johannes LAITENBERGER
                                        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 338, 13.10.2015,  p. 9.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE