CELEX: 32021M10504
Language: en
Date: 2021-12-08 00:00:00
Title: Commission Decision of 08/12/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10504 - EQT / H&F / ZOOPLUS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 8.12.2021
                                                                 C(2021) 9333 final
                                                                                 PUBLIC VERSION
                                                                 EQT Fund Management S.à r.l.
                                                                 c/o EQT Private Equity
                                                                 Leopoldstraße 8
                                                                 80082 Munich
                                                                 Germany
                                                                 Hellman & Friedman LLC
                                                                 c/o Hellman & Friedman LLP
                                                                 The Brunel Building
                                                                 2 Canalside Walk
                                                                 London W2 1DG
                                                                 United Kingdom
Subject:        Case M.10504 – EQT / H&F / ZOOPLUS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 15 November 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which EQT Fund
        Management S.à.r.l (“EQT”, Luxembourg) and Hellman & Friedman LLC (“H&F”,
        United States) intend to acquire within the meaning of Articles 3(1)(b) and 3(4) of the
        Merger Regulation joint control of Zooplus AG (“Zooplus”, Germany). The
        concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             For EQT: investment fund part of the EQT group, whose portfolio companies are
              active globally in a variety of industries and sectors like healthcare, services,
              consumer goods, energy & environment etc.,
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 (the ‘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 473, 24.11.2021, p. 33.
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 H&F: private equity investment in a variety of sectors worldwide, including
        software & technology, financial services, healthcare, consumer & retail and
        other business services,
       For Zooplus: e-commerce retailer of pet supplies, with activities in most EU
        Member States. Zooplus operates a number of localized and cross-national web
        shops selling pet supplies for dogs, cats, birds, horses, small animals and aquatic.
        The product range includes, in particular, pet food, as well as pet accessories
        (such as scratch trees, transport baskets, toys, litter and snacks).
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 139/2004.4
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)
                                                     Olivier GUERSENT
                                                     Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                2