CELEX: 32021M10362
Language: en
Date: 2021-08-10 00:00:00
Title: Commission Decision of 10/08/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10362 - KKR / CD&R / CLOUDERA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 10.08.2021
                                                                 C(2021) 6048 final
                                                                                 PUBLIC VERSION
                                                                 KKR & Co. Inc.
                                                                 30 Hudson Yards
                                                                 New York, NY 10001
                                                                 United States of America
                                                                 Clayton, Dubilier & Rice Fund XI,
                                                                 L.P.
                                                                 375 Park Avenue
                                                                 New York, NY 10152
                                                                 United States of America
Subject:        Case M.10362 – KKR/CD&R/Cloudera
                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 16 July 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which KKR & Co.
        Inc. (“KKR”, United States of America) and Clayton, Dubilier & Rice, Fund XI, L.P.
        (“CD&R”, United States of America) intend to acquire, within the meaning of Article
        3(1)(b) of the Merger Regulation, joint control of the whole of Cloudera, Inc.
        (“Cloudera”, United States of America) by way of contract.3
2.      The business activities of the undertakings concerned are:
             for KKR: a global investment firm that offers alternative asset management and
              capital markets and insurance solutions,
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 293, 23.7.2021, p. 8.
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---        for CD&R: a private equity investment firm which originates, structures and acts
        as a lead equity investor in management buyouts, strategic minority equity
        investments and other strategic investments,
       for Cloudera: a provider of multi-function data management and analytics
        software, including flow management, streams management, data engineering,
        data warehousing, streaming analytics, operational databases and machine
        learning.
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)
                                                   Olivier GUERSENT
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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