CELEX: 32016M8219
Language: en
Date: 2016-10-27 00:00:00
Title: Commission Decision of 27/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8219 - CD&R / DRIVE DEVILBISS HEALTHCARE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 27.10.2016
                                        C(2016) 7059 final

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                                        To the notifying party

Dear Sirs,

Subject:    Case M. 8219 - CD&R / DRIVE DEVILBISS HEALTHCARE
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 05.10.2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which CD&R Reign Topco, Inc. ultimately controlled by Clayton, Dubilier & Rice, Inc. ("CD&R", USA) acquires within the  meaning  of  Article
    3(1)(b) of the Merger Regulation control of the whole of Medical  Depot  Holdings,  Inc.,  doing  business  as  Drive  DeVilbiss  Healthcare
    ("Drive", USA), by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

  – for CD&R: an equity investor in management buyouts, strategic minority equity investments and  other  strategic  investments  through  funds
    controlling a number of portfolio companies which are active in a variety of economic sectors, globally.

  – for Drive: manufacturing and distribution of  medical  equipment,  including  mobility  products,  sleep  and  respiratory  products,  beds,
    bariatric products, wheelchairs, sleep surfaces  and  pressure  prevention  products,  self-assist  products,  power  operated  wheelchairs,
    rehabilitation products, patient room equipment, personal care products and electrotherapy devices, predominantly for  patients’  home  care
    needs, globally.

 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)
                                        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]   OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
[3]   Publication in the Official Journal of the European Union No C 378, 14.10.2016, p. 22.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE