CELEX: 32019M9233
Language: en
Date: 2019-01-28 00:00:00
Title: Commission Decision of 28/01/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9233 - Fosun International Limited / Tom Tailor Holding SE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 28.1.2019
                                                                C(2019) 754 final
                                                                        PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9233 – FOSUN INTERNATIONAL / TOM TAILOR
                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 21 December 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertaking
        Fosun International Limited (“Fosun”, China) acquires within the meaning of Article
        3(1)(b) of the Merger Regulation sole control over the whole of the undertaking Tom
        Tailor Holding SE (“Tom Tailor”, Germany). The concentration is accomplished by way
        of other means, linked to reduced attendance rates at Tom Tailor's annual shareholders'
        meetings.3
2.      The business activities of the undertakings concerned are:
             Fosun is part of a Chinese group with activities in (i) pharmaceuticals, medical
              services and health, (ii) tourism, leisure, fashion and consumer products, and (iii)
              insurance, finance and investment.
             Tom Tailor is a German fashion house that mainly offers classic and modern casual
              wear for men, women and children.
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
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 18, 15.1.2019, p. 43.
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---    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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