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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: 27/11/2015

In electronic form on the EUR-Lex website under document number 32015M7811

EUROPEAN COMMISSION

Brussels, 27.11.2015 C(2015) 8620 final

SIMPLIFIED MERGER PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Sirs,

Subject: Case M.7811 – KOCH INDUSTRIES/ BDT CAPITAL PARTNERS/ TRUCK-LITE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

1.On 3 November 2015, the European Commission received a notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Koch TL Holdings, LLC (USA), ultimately controlled by Koch Industries Inc. ("KII" of the USA) and BDT Truck-Lite Acquisition Vehicle, LLC (USA), ultimately controlled by BDT Capital Partners, LLC ("BDT"of the USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Truck-Lite Co., LLC ("Truck-Lite" of the USA) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- KII is a privately held US undertaking, which through a portfolio of controlled entities is active on various markets, including the manufacturing and sales of electronic components;

1OJ 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.

2OJ L 1, 3.1.1994, p. 3 ("the EEA Agreement").

3Publication in the Official Journal of the European Union No C 374, 11.11.2015, p. 3.

-- BDT is a USA-based company specialising in buyouts and investments in family-owned and entrepreneurially-led businesses;

-- Truck-Lite is a lighting designer and manufacturing company based in the USA. The company's product lines range from LED and traditional lighting products to integrated electronic wire harnesses, mirror systems and diesel fuel filter systems.

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

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

4OJ C 366, 14.12.2013, p. 5.

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