CELEX: 32019M9243
Language: en
Date: 2019-02-14 00:00:00
Title: Commission Decision of 14/02/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9243 - KKR & Co. Inc. / China Resources Company Limited / Genesis Care Pty Limited) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 14.2.2019
                                                                C(2019) 1420 final
                                                                           PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9243 – KKR/China Resources/Genesis Care
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                          2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 22 January 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which KKR & Co. Inc.
        (“KKR”, United States of America) and China Resources (Holdings) Company Limited
        (“China Resources”, Hong Kong) acquire within the meaning of Article 3(1)(b) and 3(4) of
        the Merger Regulation joint control of Genesis Care Pty Limited (“Genesis Care”,
        Australia), China Resources’ subsidiary active in the provision of cancer care (primarily
        oncology) services in the United Kingdom, Spain and Australia, radiation therapy
        treatments for benign diseases in Spain and Australia, and cardiology, sleep and respiratory
        treatment services in Australia, by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              for KKR: global investment firm which offers a broad range of alternative asset
                 management services to public and private market investors and provides capital
                 markets solutions for the firm, its portfolio companies and clients,
              for China Resources: diversified holding company ultimately supervised by the
                 State-owned Assets Supervision and Administration Commission of the State
                 Council of the People’s Republic of China, which serves as the top level holding
                 company for a group of companies operating a wide variety of businesses, such as
                 consumer products (including retail, beer, food and beverages), power, real estate,
                 cement, gas and pharmaceuticals, as well as various other businesses.
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 36, 29.01.2019, p. 37.
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)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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