CELEX: 32018M9037
Language: en
Date: 2018-10-11 00:00:00
Title: Commission Decision of 11/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9037 - Bain Capital Investors, LLC / Italmatch Chemicals S.p.A) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 11.10.2018
                                                                C(2018) 6831 final
                                                                        PUBLIC VERSION
                                                                To the notifying Party
Subject:        Case M.9037 – BAIN CAPITAL / ITALMATCH CHEMICALS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 19 September 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        Bain Capital Investors L.L.C. (Bain Capital, United States) acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation control over the whole of the undertaking
        Italmatch Chemicals S.p.A. (Italmatch, Italy) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Bain Capital: private equity investment firm that invests in companies across
              several industries, including information technology, healthcare, retail and consumer
              products, communications, financial services and industrial manufacturing;
             for Italmatch: specialty chemicals company active in performance products, flame
              retardants and plastic additives, water and oil performance additives, lubricant
              performance additives and personal care chemicals.
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
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 344, 26.9.2018, p. 5.
4       OJ C 366, 14.12.2013, p. 5.
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--- 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
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