CELEX: 32020M9994
Language: en
Date: 2020-10-30 00:00:00
Title: Commission Decision of 30/10/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9994 - ALCENTRA / BRAIT / NEW LOOK RETAIL HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 30.10.2020
                                                                C(2020) 7635 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9994 – ALCENTRA/BRAIT/NEW LOOK RETAIL HOLDINGS
                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 8 October 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Alcentra
        Limited (“Alcentra”, the United Kingdom) and Brait Societas Europaea (“Brait”,
        Malta) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint
        control of New Look Retail Holdings Limited (“New Look”, Jersey).3 The
        concentration is accomplished by way of purchase of shares.
2.      The business activities of the undertakings concerned are:
             for Alcentra: global asset management firm focused on sub-investment grade
              corporate credit;
             for Brait: public investment holding company focused on investing in unlisted
              businesses operating in the broad consumer sector;
             for New Look: fashion retailer with an online presence and chain of high street
              shops primarily located in the UK and Ireland.
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 343, 15.10.2020, p. 21.
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(b) 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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