CELEX: 32016M8247
Language: en
Date: 2016-12-13 00:00:00
Title: Commission Decision of 13/12/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8247 - AURELIUS EQUITY OPPORTUNITIES / OFFICE DEPOT (NETHERLANDS)) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                     
                  
               
               Brussels, 13.12.2016
            
            
               C(2016) 8718 final
            
            
            
            
                     
                        
                  
                  
                     
                        To the notifying party: 
                     
                     
                     
                     
                  
               
               Subject:Case M.8247 - AURELIUS EQUITY OPPORTUNITIES / OFFICE DEPOT (NETHERLANDS)
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
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                and Article 57 of the Agreement on the European Economic Area
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               Dear Sir or Madam,
            
            
               1.On 18 November 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Aurelius Equity Opportunities SE & Co. KGaA (‘Aurelius’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Office Depot (Netherlands) C.V. (‘Office Depot Europe Business’, The Netherlands) by way of purchase of shares.
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               2.The business activities of the undertakings concerned are:
            
            
               -for Aurelius: A private equity investor and multi-asset administrator, which acquires, restructures and eventually sells companies in special situations.
            
            
               -for Office Depot Europe Business: A provider of products, services, and solutions for the workplace throughout the European Economic Area. Office Depot Europe Business offers technology, office supplies, print and document services, business services, facilities products, furniture, and school supplies.
            
            
               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.
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               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 437, 25.11.2016, p. 9.
               
               
                  
                     (4)
                  
                  
                      
                           OJ C 366, 14.12.2013, p. 5.