CELEX: 32022M10592
Language: en
Date: 2022-02-25 00:00:00
Title: Commission Decision of 25/02/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10592 - KKR / KÖRBER / KÖRBER SUPPLY CHAIN SOFTWARE MANAGEMENT) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 25.2.2022
                                                                 C(2022) 1322 final
                                                                                 PUBLIC VERSION
                                                                 KKR & Co. Inc.
                                                                 30 Hudson Yards
                                                                 New York, NY 10001
                                                                 United States of America
                                                                 Körber AG
                                                                 Anckelmannsplatz 1
                                                                 20537 Hamburg
                                                                 Germany
Subject:        Case M.10592 – KKR / KÖRBER / KÖRBER SUPPLY CHAIN
                SOFTWARE MANAGEMENT
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 21 January 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which KKR & Co
        Inc. (together with its subsidiaries, “KKR”, United States of America) and Körber AG
        (“Körber”, Germany) intend to acquire, within the meaning of Article 3(1)(b) and
        Article 3(4) of the Merger Regulation, control of part(s) of Körber Supply Chain
        Software Management GmbH (the “Target”, Germany), which is currently solely
        controlled by Körber. The concentration is accomplished by way of purchase of
        shares.3
2.      The business activities of the undertakings concerned are:
         for KKR: global investment firm that offers alternative asset management and
             capital markets and insurance solutions. KKR sponsors investment funds that
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 44, 28.1.2022, p. 28.
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---        invest in private equity, credit and real assets and have strategic partners that
       manage hedge funds,
    for Körber: strategic management holding, offering all kinds of products, solutions
       and services through its five business areas Digital, Pharma, Supply Chain, Tissue
       and Tobacco. Körber’s shares are wholly owned by Körber Stiftung, a private
       German foundation,
    for the Target: provides supply chain execution software through its
       comprehensive technology solutions such as software, and enabling technology
       such as robotics and voice control.
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 139/2004.4
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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