CELEX: 32020M9906
Language: en
Date: 2020-09-25 00:00:00
Title: Commission Decision of 25/09/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9906 - KKR / HPS / MONLEASING HOLDCO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 25.9.2020
                                                                C(2020) 6740 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9906 – KKR / HPS / MONLEASING HOLDCO
                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 2 September 2020, 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) and HPS Investment Partners, LLC (“HPS”, United
        States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint
        control of the whole of Monleasing Holdco Pty Ltd (“Monleasing”, Australia) from
        Monash Private Capital Pty Ltd. by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for KKR: global investment firm, which offers a broad range of alternative asset
              funds and other investment products to investors and provides capital markets
              solutions for the firm, its portfolio companies and other clients,
             for HPS: US-based investment firm that focuses on acquisitions and strategic
              financing or recapitalisation of companies that require financial assistance,
             for Monleasing: active in the commercial and industrial equipment rental and
              leasing industry exclusively in Australia and New Zealand.
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
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 300,10.9.2020, 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---    paragraph 5(a) 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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