CELEX: 32012M6755
Language: en
Date: 2012-12-17 00:00:00
Title: Commission Decision of 17/12/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6755 - BAIN CAPITAL INVESTORS / APEX TOOL GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

|

32012M6755

Commission Decision of 17/12/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6755 - BAIN CAPITAL INVESTORS / APEX TOOL GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
             Brussels, 17.12.2012
             C(2012) 9828
             PUBLIC VERSION
             SIMPLIFIED MERGER PROCEDURE
            To the notifying party:  | |
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6755 - BAIN CAPITAL INVESTORS/ APEX TOOL GROUP Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1]  
            1.  On 19.11.2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which  Bain Capital Investors LLC, ("Bain", USA) acquires, within the meaning of Article 3(1)(b) of the  Merger Regulation, control of the whole of Apex Tool Group LLC ("Apex", USA) by way of acquisition of membership interests.
             The business activities of the undertakings concerned are:
             - for Bain: private equity investment,
             - for Apex: manufacturing and supply of hand and power tools, chain products, soldering products and specialty products for industrial, commercial and do it yourself applications [2]  .
            2.  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 [3]  .  
            3.  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.
             For the Commission (signed) Alexander ITALIANER Director General
            [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]  Publication in the Official Journal of the European Union No C 367, 27.11.2012, p.6
            [3] OJ C 56, 5.3.2005, p. 32.