CELEX: 32021M10406
Language: en
Date: 2021-09-10 00:00:00
Title: Commission Decision of 10/09/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10406 - CD&R / MCC GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 10.9.2021
                                                                C(2021) 6722 final
                                                                                 PUBLIC VERSION
                                                                Clayton, Dubilier & Rice Fund XI, L.P.
                                                                375 Park Avenue, 18th Floor
                                                                NY 10152 New York
                                                                United States of America
Subject:        Case M.10406 – CD&R / MCC GROUP
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 6 August 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Clayton,
        Dubilier & Rice Fund XI, L.P. (“CD&R”, United States of America) acquires within
        the meaning of Article 3(1)(b) of the Merger Regulation sole control of LABL
        Holding Corporation, the parent company of the LABL, Inc. group, which includes
        W/S Packaging Group, Inc. and its subsidiaries, as well as Multi-Colour Corporation
        and its subsidiaries (all target companies together are referred to as “MCC Group”,
        United States of America), by way of purchase of shares. 3
2.      The business activities of the undertakings concerned are:
        −     CD&R: private equity investment firm, which originates, structures and acts as
              lead equity investor in management buyouts, strategic minority equity
              investments and other strategic investments,
        −     MCC Group: manufacturer and supplier of labels to commercial customers across
              a range of sectors, including: home & personal care, food and beverage,
              healthcare, specialty, consumer durables, and wine & spirits.
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 328, 16.8.2021, p. 3-4.
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--- 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.
                                              2