CELEX: 32015M7811
Language: en
Date: 2015-11-27 00:00:00
Title: Commission Decision of 27/11/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7811 - KOCH INDUSTRIES / BDT CAPITAL PARTNERS / TRUCK-LITE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 27.11.2015
                                        C(2015) 8620 final

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                                        To the notifying parties

Dear Sirs,

Subject:    Case M.7811 – KOCH INDUSTRIES/ BDT CAPITAL PARTNERS/ TRUCK-LITE
         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 3 November 2015, the European Commission received a notification of a  proposed  concentration  pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertakings Koch TL Holdings, LLC (USA), ultimately controlled by Koch Industries Inc. ("KII" of the USA)  and  BDT
    Truck-Lite Acquisition Vehicle, LLC (USA), ultimately controlled by BDT Capital Partners, LLC ("BDT"of the USA) acquire within  the  meaning
    of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Truck-Lite Co., LLC ("Truck-Lite" of the  USA)  by
    way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

    - KII is a privately held US undertaking, which through a portfolio of controlled entities is  active  on  various  markets,  including  the
         manufacturing and sales of electronic components;

    - BDT is a USA-based company specialising in buyouts and investments in family-owned and entrepreneurially-led businesses;

    - Truck-Lite is a lighting designer and manufacturing company based in the USA. The company's product lines range from LED  and  traditional
         lighting products to integrated electronic wire harnesses, mirror systems and diesel fuel filter systems.

 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 374, 11.11.2015, p. 3.

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

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                                                           SIMPLIFIED MERGER PROCEDURE

                                                                  PUBLIC VERSION