CELEX: 32017M8433
Language: en
Date: 2017-06-16 00:00:00
Title: Commission Decision of 16/06/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8433 - ZALANDO / BESTSELLER UNITED / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 16.6.2017
            
            
               C(2017) 4287 final
            
            
            
            
            
               To the notifying parties
               
            
            
               Subject:Case M.8433 – Zalando/Bestseller United/JV
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 15 May 2017, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Zalando SE (Germany) and BESTSELLER United A/S (Denmark) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of a joint venture company, Fashiontrade.com B.V. (the Netherlands) by way of a capital increase in Fashiontrade.com B.V. after which Zalando SE and BESTSELLER United A/S will each hold 50% of the share capital in the joint venture.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Zalando SE: Zalando SE is active in the B2C (retail) sale of clothing and footwear products. On its online e-commerce platform, consumers can purchase an extensive selection of clothing and footwear from many different brands. It also sells clothing and footwear products in its online outlet shop. In addition, Zalando provides B2C e‑commerce platform services and other brand solution services.
            
            
               -for BESTSELLER United A/S: BESTSELLER United A/S is an international fashion company with a range of different fashion brands. It is active in B2B (wholesale) and B2C (retail) sale of clothing and footwear products under different brands.
            
            
               -for Fashiontrade.com B.V.: Fashiontrade.com B.V. will be active on the market as a provider of B2B e-commerce platform services. The platform will connect fashion brands (wholesalers) with retailers.
            
            
               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.
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               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
            
         
         
            
                  
                     (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 164, 24.5.2017, p. 7.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.