CELEX: 32017M8353
Language: en
Date: 2017-02-17 00:00:00
Title: Commission Decision of 17/02/2017 declaring a concentration to be compatible with the common market (Case No COMP/M.8353 - CVC / CORIALIS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 17.2.2017
                                        C(2017) 1278 final

                                        [pic]

                                        To the notifying party

Dear Sirs,

Subject:    Case M.8353 – CVC / CORIALIS
         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 26 January 2017, the European Commission received notification of a proposed concentration pursuant to Article 4  of  Council  Regulation
    (EC) No 139/2004 by which CVC Capital Partners SICAV-FIS S.A. ("CVC", Luxembourg) acquires within the meaning  of  Article  3(1)(b)  of  the
    Merger Regulation control of AI Alu (Luxembourg) S.à.r.l. and AI Alu & Cy S.C.A. ("Corialis", Luxembourg),  which  is  the  holding  of  the
    Corialis group, by way of purchases of shares and other securities.[3]

 2. The business activities of the undertakings concerned are:

      –     for CVC: private equity investment in various industries including chemicals, utilities, manufacturing, retailing and distribution;

      –     for Corialis: production and supply of aluminium extrusion services and aluminium coated building systems and profiles  for  windows,
           doors, conservatories and curtain walls.

 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 37, 4.2.2017, p. 3.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION