EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/07/2024

In electronic form on the EUR-Lex website under document number 32024M11590

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

EUROPEAN COMMISSION

Brussels, 17.7.2024 C(2024) 5223 final

PUBLIC VERSION

CVC Capital Partners plc Level 1, IFC 1, Esplanade St Helier Jersey, JE2 3BX

Hempel Invest A/S Amaliegade 8 1256 Copenhagen Denmark

Dear Sir or Madam,

(1)(1) On 21 June 2024, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings CVC Capital Partners plc (‘CVC’, Jersey) and Hempel Invest A/S (‘Hempel Invest’, Denmark), controlled by Hempel Fonden (Denmark), intend to acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over the undertaking Hempel A/S (‘Hempel’, Denmark), currently solely controlled by Hempel Invest, by way of purchase of shares.

(2) The business activities of the undertakings concerned are the following:

– CVC is a global alternative investment manager focussed on private equity, credit and secondaries. The funds advised and managed by CVC hold interests in a number of companies active in a variety of industries around the world, including in financial services, chemicals, utilities, manufacturing, retailing and distribution, in Europe, the US and the Asia-Pacific region,

– Hempel Invest is a subsidiary of the philanthropist foundation Hempel Fonden and the parent company of Hempel.

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 OJ C, C/2024/4202, 28.6.2024.

(3)(3) The business activities of the undertaking Hempel are the development, manufacture and sale of paints and coating solutions, used in particular for decorative, marine, industrial, energy and infrastructure purposes.

(4)(4) 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 (d) of the Commission Notice on a simplified treatment for certain concentrations under Council Regulation (EC) No 139/2004.

(5)(5) For the reasons set out in the Notice on a simplified treatment, 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 160, 5.5.2023, p. 1 (the ‘Notice on a simplified treatment’).

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