CELEX: 32021M10103
Language: en
Date: 2021-01-26 00:00:00
Title: Commission Decision of 26/01/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10103 - TOWERBROOK / CONSOLIS RAIL DIVISION) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 26.01.2021
                                                                C(2021) 505 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.10103 — Towerbrook/Consolis Rail Division
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       12
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    3
                Economic Area
Dear Sir or Madam,
1.      On 23 December 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which six investment
        funds managed by TowerBrook Capital Partners L.P. (‘Towerbrook’, USA) will
        indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole
        control of fourteen companies (together, the ‘Consolis Rail Division’) belonging to the
        Consolis Group SAS (France) by way of purchase of shares.4
2.      The business activities of the undertakings concerned are:
             for Towerbrook: investment firm active in large and middle European and North
              American markets with a wide portfolio of companies in the industrial,
              healthcare, financial, consumer goods, telecommunications, media and
              knowledge services sectors,
             for Consolis Rail Division: companies active in the design, manufacture and
              distribution of precast concrete products and of other precast concrete materials
              necessary to the construction of railway networks.
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       For the purposes of this Decision, although the United Kingdom withdrew from the European Union as
        of 1 February 2020, according to Article 92 of the Agreement on the withdrawal of the United
        Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic
        Energy Community (OJ L 29, 31.1.2020, p. 7), the Commission continues to be competent to apply
        Union law as regards the United Kingdom for administrative procedures which were initiated before the
        end of the transition period.
3       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
4       Publication in the Official Journal of the European Union No C 6, 8.1.2021, p. 18.
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--- 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 139/2004.5
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
5  OJ C 366, 14.12.2013, p. 5.
                                              2