CELEX: 32021M10392
Language: en
Date: 2021-09-27 00:00:00
Title: Commission Decision of 27/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10392 - H.I.G. CAPITAL / CESAR / SDA / VDM) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 27.9.2021
                                                                C(2021) 7106 final
                                                                                 PUBLIC VERSION
                                                                H.I.G. Capital, LLC
                                                                1450 Brickell Avenue, 31st Floor
                                                                Miami, Florida, FL-33131
                                                                U.S.A.
Subject:        Case M.10392 – H.I.G. CAPITAL / CESAR / SDA / VDM
                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 3 September 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking H.I.G. Capital, LLC (‘H.I.G. Capital’, US) acquires within the meaning
        of Article 3(1)(b) of the Merger Regulation sole control of the undertakings Cesar di
        Barbarossa Enio e F.lli S.r.l. (‘Cesar’, Italy), Gruppo SDA S.r.l. Servizi Distribuzione
        Associati (‘SDA’, Italy) and VDM Vaccaro Distribuzione Merci S.r.l. (‘VDM’, Italy)
        by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             − H.I.G. Capital: global private equity and alternative assets investment firm; it
                 provides both debt and equity capital to small and mid-sized companies,
             − Cesar: retail sale of a wide range of health, beauty and other daily consumer
                 mass products in Italy,
             − SDA: retail sale of a wide range of health, beauty and other daily consumer
                 mass products in Italy,
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 365, 10.9.2021, p. 7.
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---        − VDM: retail sale of a wide range of health, beauty and other daily consumer
           mass products in Italy.
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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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