CELEX: 32014M7133
Language: en
Date: 2014-01-22 00:00:00
Title: Commission Decision of 22/01/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7133 - INVESTINDUSTRIAL / KKR / RESORT HOLDINGS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 22.01.2014
                                        C(2014)412

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|To the notifying parties:                                          |                                                                   |

Dear Madam(s) and/or Sir(s),

Subject:    Case No COMP/ M.7133 INVESTINDUSTRIAL / KKR / RESORT HOLDINGS
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. […] On 16 December 2013(, the European Commission received notification of a proposed concentration pursuant  to  Article  4  of  the  Merger
    Regulation by which the undertakings Investindustrial IV, L.P. ("Investindustrial", United Kingdom) and KKR & Co., L.P. ("KKR", United States
    of America) will acquire within the meaning of Article 3(1)(b) of the  Merger Regulation joint  control  of  Resort  Holdings  B.V.  ("Resort
    Holdings", the Netherlands), which controls Port Aventura Entertainment, S.A.U. (Spain) by way of purchase of shares[2].

 2. The business activities of the undertakings concerned are:

      -     for Investindustrial: private equity fund, with investments in middle and small-sized companies mainly in Southern Europe;

      -     for KKR: private equity investment fund, active in the  provision  of  alternative  asset  management  services  and  capital  market
           solutions;

      -     for Resort Holdings: amusement and theme park activities located in Spain.

 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[3].

 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.

                                        For the Commission

                                        (signed)                                                    Alexander ITALIANER
                                        Director General
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[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.
(           [Should read On 16 December 2013]

[2]   Publication in the Official Journal of the European Union No C376 , 21.12.2013, p. 24.

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

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE