CELEX: 32015M7723
Language: en
Date: 2015-09-02 00:00:00
Title: Commission Decision of 02/09/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7723 - KKR / REGGEBORGH / DEUTSCHE GLASFASER) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 2.9.2015
                                        C(2015) 6198 final

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To the notifying parties

Dear Sirs,

Subject:    Case M.7723 – KKR / REGGEBORGH / DEUTSCHE GLASFASER
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 06 August 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which the undertakings KKR Co. L.P. ("KKR", United States) and Reggeborgh Invest B.V. ("Reggeborgh", the Netherlands)     acquire  within
    the meaning of Article 3(1)(b) of the Merger Regulation joint control of Deutsche Glasfaser Holding GmbH ("Deutsche Glasfaser", Germany), by
    way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      – for KKR: advice to, and management of, global investment activities,

      – for Reggeborgh: long term investment activities in various sectors, including telecommunications,  construction  services,  real  estate,
        production and sale of aggregates, waste incineration,

      – for Deutsche Glasfaser: provision of telecommunication services at the  retail  and  wholesale  levels  in  Germany,  including  Internet
        access, fixed voice communication and pay-television, through the roll-out and operation of fibre networks.

 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]

 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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[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 266, 14.08.2015, p. 25.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                            SIMPLIFIED MERGER PROCEDUE