CELEX: 32019M9329
Language: en
Date: 2019-05-15 00:00:00
Title: Commission Decision of 15/05/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9329 - TDR Capital LLP / NKD Group) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                 Brussels, 15.05.2019
                                                                 C(2019) 3812 final
                                                                                      PUBLIC VERSION
                                                                 To the notifying party
Subject:        Case M.9329 — TDR Capital/NKD Group
                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 16 April 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which TDR Capital LLP
        (TDR Capital, United Kingdom) acquires within the meaning of Article 3(1)(b) of the
        Merger Regulation control of the whole of NKD Holdings GmbH (Germany), NKD
        Österreich Holding GmbH (Austria) and Sun Fortune Ltd. (Hong Kong) (together – NKD
        Group, Germany) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for TDR Capital: a private equity firm, which has investments in companies in a
              variety of sectors, including petrol stations and retail and convenience operations
              connected with those petrol stations,
             for NKD Group: a discount value retailer selling apparel, home textiles, and hard
              goods (such as toys, various electronics devices and lighting products) in Germany,
              Austria, Italy, Slovenia, and Croatia.
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(c) 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 147, 29.4.2019, p. 8.
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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