CELEX: 32016M8186
Language: en
Date: 2016-10-03 00:00:00
Title: Commission Decision of 03/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8186 - BC PARTNERS / KETER and JARDIN) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 3.10.2016
                                        C(2016) 6460 final

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|                                                                       |To the notifying party:                                                |

Dear Sirs,

Subject:    Case M.8186 – BC PARTNERS / KETER and JARDIN
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 8 September 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of  Council  Regulation
    (EC) No 139/2004 by which the undertaking BC Partners LLP ('BC Partners', the United Kingdom) acquires within the meaning of Article 3(1)(b)
    of the Merger Regulation control of parts of Keter Plastic Limited ('KPL', Israel) and Jardin International Holding B.V. ('JIH', Cyprus)  by
    way of purchase of shares. The businesses that will be acquired as a result of the  present  transaction  are  referred  to  as  the  'Keter
    Business' and the 'Jardin Business'.[3]

 2. The business activities of the undertakings concerned are:

  – for BC Partners: private equity investment with a focus on the European and North American markets. BC Partners operate  through  the  funds
    BCECIX and BC European Capital VIII.,

  – for Keter Business: design, manufacture, marketing and selling of resin-based household  consumer  products,  including  outdoor  furniture,
    outdoor storage, home organisation, DIY (hardware), gardening, pet care and children’s toys.

  – for Jardin Business: design, manufacture, marketing and selling of plastic garden furniture, storage solutions,  kitchenware  and  household
    goods.

 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.[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

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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.
[2]   OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
[3]   Publication in the Official Journal of the European Union No C 339, 16.9.2016, p. 9.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE