CELEX: 32015M7875
Language: en
Date: 2015-12-22 00:00:00
Title: Commission Decision of 22/12/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7875 - ICG / CAPITON / PREFERE RESINS HOLDING) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

Brussels, 22.12.2015
C(2015) 9810 final

[pic]

[pic]

To the notifying parties:

Dear Sirs,

Subject:    Case M.7875 - ICG / CAPITON / PREFERE RESINS HOLDING
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 27 November 2015, the European Commission received notification of  a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which a fund controlled by Intermediate Capital Group, plc (“ICG”, UK)  and  a  fund  controlled  by  capiton  AG  (“capiton”,
    Germany), acquire within the meaning of Article 3(1)(b) of the  Merger Regulation joint control of Prefere  Resins  Holding  GmbH  (“Prefere
    Resins”, Germany), hitherto under sole control of capiton.[3]

 2. The business activities of the undertakings concerned are:

      – for ICG: UK-based investment firm, active in the structuring and provision of mezzanine finance, leveraged credit  and  minority  equity,
        in Europe, Asia Pacific and the US.

      – for capiton: investment firm headquartered in Berlin, focusing on investments in large SMEs in Germany, Austria and Switzerland by  means
        of management buy-outs and expansion financing.

      – for Prefere Resins: manufacturer of phenolic and amino resins for industrial, construction and insulation applications.

 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

-----------------------
[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 407, 08.12.2015, p. 27.

[4]   OJ C 366, 14.12.2013, p. 5.

-----------------------

                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE