CELEX: 32019M9494
Language: en
Date: 2019-09-11 00:00:00
Title: Commission Decision of 11/09/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9494 - Equistone Partners Europe Limited / Heras) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 11.9.2019
                                                                C(2019) 6618 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9494 – EQUISTONE / HERAS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 6 August 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Equistone LLP
        (‘Equistone’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the
        Merger Regulation control of the whole of Hela N.V. (Belgium), Heras Deutschland
        GmbH, HERAS Mobilzaun GmbH (Germany), Heras France S.A.S., Heras Cloture
        Mobile et Securité S.A.R.L., Heras Cloture Mobile Production S.A.S. (France), CRH
        Fencing & Security Ltd. (UK), Perimeter Protection Holding B.V. (the Netherlands),
        Heras Norge AS (Norway), Heras Polska sp. z o.o. (Poland), and Heras AB (Sweden),
        (together ‘Heras’), belonging to CRH Group plc. The concentration is accomplished
        by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for Equistone: Mid-market private equity investment firm operating across
              Europe.
        −     for Heras: Supply of perimeter protection solutions and services (diverse fencing
              systems, installations, maintenance and repair services) with manufacturing sites
              across Europe.
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 279, 19.8.2019, p. 40.
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 139/2004.4
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)
                                                  Cecilio MADERO VILLAREJO
                                                  Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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