CELEX: 32021M10227
Language: en
Date: 2021-04-27 00:00:00
Title: Commission Decision of 27/04/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10227 - KPS CAPITAL PARTNERS / HYDRO ROLLING) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 27.4.2021
                                                                C(2021) 3133 final
                                                                                 PUBLIC VERSION
                                                                KPS Capital Partners, LP
                                                                One Vanderbilt Avenue, 52nd Floor
                                                                NY 10017 New York
                                                                United States
Subject:        Case M.10227 – KPS CAPITAL PARTNERS / HYDRO ROLLING
                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 31 March 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which KPS Capital
        Partners, LP (‘KPS’, USA) intends to acquire within the meaning of Article 3(1)(b) of
        the Merger Regulation sole control of Hydro Aluminium Rolled Products GmbH
        (Germany) and Hydro Aluminium Rolled Products AS (Norway). The concentration
        is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             KPS: investment fund controlling manufacturing and industrial companies across
              a diverse array of industries, including basic materials, branded consumer,
              healthcare and luxury products, automotive parts, capital equipment and general
              manufacturing.
             Hydro Aluminium Rolled Products GmbH: production and supply of aluminium
              flat rolled products.
             Hydro Aluminium Rolled Products AS: production and supply of aluminium flat
              rolled products.
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 (the ‘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 132, 15.4.2021, p. 10.
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--- 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(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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