CELEX: 32022M10577
Language: en
Date: 2022-02-17 00:00:00
Title: Commission Decision of 17/02/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10577 - FSN CAPITAL VI / OPTIGROUP / HYGAS / BFG / TPC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 17.02.2022
                                                                C(2022) 1118 final
                                                                                 PUBLIC VERSION
                                                                FSN Capital GP VI Limited
                                                                11-15 Seaton Place, St Helier, Jersey
                                                                JE4 0QH, Jersey
Subject:        Case M.10577 – FSN CAPITAL VI / OPTIGROUP / HYGAS / BFG / TPC
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                (EC) No 139/20041 and Article 57 of the Agreement on the European
                Economic Area2
Dear Sir or Madam,
1.      On 24 January 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertaking FSN Capital VI (Jersey) intends to acquire within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control of the whole of undertakings
        OptiGroup AB (‘OptiGroup’, Sweden), Hygas B.V. (‘Hygas’, The Netherlands), BFG
        Packaging SRL (‘BFG’, Romania) and Trias Productie Holding B.V. (‘TPC’, The
        Netherlands) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
              FSN Capital VI is an investment fund advised by FSN Capital, a private equity
                 advisor.
              OptiGroup is a one-stop-shop Business-to-Business (‘B2B’) distributor of
                 facility, safety, foodservice and packaging products, as well as paper and
                 business supplies, primarily in Sweden, Finland, Belgium and the Netherlands.
              Hygas is a one-stop-shop B2B distributor of hygiene products, medical
                 (disposable) products, protective equipment and packaging materials for a
                 wide range of industries such as healthcare, foodservices, facility services,
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 54, 1.2.2022, p. 10.
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---            retail, supermarkets, the hospitality industry, wellness, automotive, agriculture
           and horticulture, mainly in the Netherlands, Belgium, Germany and France.
        BFG is a manufacturer of high quality food packaging in Europe, primarily
           focusing on niche products used by the catering and food processing sectors,
           and mainly active in Romania.
        TPC is a wholesaler of packaging tapes, stretch- and wrapping films, as well as
           various other packaging materials, for customers active in the B2B market in
           the Netherlands, Belgium, France, Germany and Poland.
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 6 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)
                                                    Olivier GUERSENT
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
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