CELEX: 32021M10211
Language: en
Date: 2021-04-22 00:00:00
Title: Commission Decision of 22/04/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10211 - L CATTERTON / BIRKENSTOCK) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 22.4.2021
                                                                C(2021) 2979 final
                                                                                 PUBLIC VERSION
                                                                L Catterton Management Limited
                                                                c/o Legalinx Limited, Tallis House
                                                                EC4Y 0AB London
                                                                United Kingdom
Subject:        Case M.10211 – L CATTERTON / BIRKENSTOCK
                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
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 25 March 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which L Catterton
        (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation
        control of the whole of Birkenstock (Germany). The concentration is accomplished by
        way of purchase of shares and assets.3
2.      The business activities of the undertakings concerned are:
             L Catterton is a consumer-focused private equity company whose portfolio
              companies operate in the retail and restaurant business, the food and beverage
              business, consumer service and consumer product businesses including the
              production and sale of bedding, clothing and accessories, cosmetics and fragrance
              products.
             Birkenstock is a German company that is mainly active in the supply of
              Birkenstocks, a German brand of sandals, and other shoes.
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
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 117, 6.4.2021, p. 6.
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---    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.
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