CELEX: 32016M7892
Language: en
Date: 2016-02-05 00:00:00
Title: Commission Decision of 05/02/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.7892 - THE CARLYLE GROUP / HUNKEMOLLER) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 5.2.2016
                                        C(2016) 800 final

|PUBLIC VERSION                                   |
|                                                 |
|SIMPLIFIED MERGER PROCEDURE                      |

                                        |                                                                       |To the notifying party:                                                |

Dear Sirs,

Subject:    Case M.7892 - THE CARLYLE GROUP / HUNKEMOLLER
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 8 January 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation
    by which HKM Bidco B.V., a special purpose acquisition vehicle controlled by funds managed by affiliates of the entities doing  business  as
    “The Carlyle Group” ('Carlyle', the Netherlands), acquires within the meaning of Article 3(1)(b) of the  Merger Regulation sole control over
    Lisa Capital Coöperatief U.A. ('Coop', the Netherlands) by way of acquisition  of  all  issued  and  outstanding  membership  interests  and
    instruments in Coop.[3]

 2. The business activities of the undertakings concerned are:

      – Carlyle manages funds that invest globally across four investment disciplines: (i) Corporate Private Equity (buyout and growth  capital);
        (ii) Real Assets (real estate, infrastructure and energy and renewable resources); (iii) Global  Market  Strategies  (structured  credit,
        mezzanine, distressed, hedge funds, and middle market debt); and (iv) Solutions (private equity fund of funds  program  and  related  co-
        investment and secondary activities).

      – Coop is the sole owner of EVA Capital B.V., which in turn is the sole owner of Hunkemöller International B.V. ('HKM'). HKM is a  designer
        and retailer of women’s underwear, including brassieres and lingerie, nightwear and swimwear and has stores, including franchise  stores,
        primarily in the EU and in the Middle East. Coop and EVA Capital B.V.  have  no  other  business  activities  apart  from  being  holding
        companies for HKM.

 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(c) 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

-----------------------
[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 15, 16.1.2016, p. 16.

[4]   OJ C 366, 14.12.2013, p. 5.