CELEX: 32021M10495
Language: en
Date: 2021-11-17 00:00:00
Title: Commission Decision of 17/11/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10495 - WP / AP / T-MOBILE NETHERLANDS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 17.11.2021
                                                                C(2021) 8446 final
                                                                                 PUBLIC VERSION
                                                                Warburg Pincus LLC
                                                                450 Lexington Avenue
                                                                NY10017 New York
                                                                United States of America
                                                                Apax Partners LLP
                                                                33 Jermyn Street
                                                                SW1Y 6DN London
                                                                United Kingdom
Subject:        Case M.10495 — WP / AP / T-MOBILE NETHERLANDS
                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 22 October 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Warburg
        Pincus LLC (“WP”, United States of America) and Apax Partners LLP (“AP”, United
        Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation
        joint control of the whole of T-Mobile Netherlands Holding B.V. (“T-Mobile
        Netherlands”, The Netherlands), currently solely controlled by Deutsche Telekom
        AG, by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     for WP: global private equity firm headquartered in New York. Its portfolio
              companies are active in a variety of sectors, including consumer, energy, financial
              services, healthcare, industrial and business services and technology, media and
              telecommunications,
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 439, 29.10.2021, p. 9.
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---    −   for AP: provision of investment advisory services to private equity funds
       investing in a range of industry sectors, such as technology and
       telecommunications, healthcare, financial and industrial services and retail,
       consumer and leisure,
   −   for T-Mobile Netherlands: the provision of fixed and mobile telecommunications
       services to private and business customers, as well as wholesale access services in
       the Netherlands.
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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