CELEX: 32021M10407
Language: en
Date: 2021-11-23 00:00:00
Title: Commission Decision of 23/11/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10407 - AIP / ALVANCE DUNKERQUE TARGET BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.11.2021
                                                                C(2021)8634 final
                                                                                 PUBLIC VERSION
                                                                American Industrial Partners Capital
                                                                Fund VII, LP
                                                                450 Lexington Avenue, 40th Floor
                                                                New York, NY 10533
                                                                United States
Subject:        Case M.10407 – AIP / ALVANCE DUNKERQUE TARGET BUSINESS
                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 18 October 2021, the European Commission received notification of
        a concentration pursuant to Article 4 of the Merger Regulation by which American
        Industrial Partners Capital Fund VII, LP (US), an investment fund managed by
        American Industrial Partners (collectively referred to as ‘AIP’), acquires within the
        meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Alvance
        Aluminium Dunkerque SAS and Alvance Aluminium Service SAS (together,
        ‘Alvance Dunkerque Target Business’, France). The concentration is accomplished by
        way of purchase of shares. The same concentration was already notified to the
        Commission on 16 July 2021 and 26 July 2021, but the notification was subsequently
        withdrawn on 19 July 2021 and 27 July 2021, respectively. 3
2.      The business activities of the undertakings concerned are:
        −     AIP is a private equity firm focused on buying and improving industrial
              businesses.
        −     Alvance Dunkerque Target Business is a primary aluminium producer, which
              operates an aluminium smelter in Loon-Plage near Dunkerque (France).
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. 11.
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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