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: 11/03/2024

In electronic form on the EUR-Lex website under document number 32024M11471

EUROPEAN COMMISSION

Brussels, 11.3.2024 C(2024) 1701 final

PUBLIC VERSION

Investindustrial S.A. 11, rue Aldringen 1118 Luxembourg Luxembourg

Dear Sir or Madam,

1.On 15 February 2024, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Investindustrial S.A. (“Investindustrial”, Luxembourg) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Fassi Holding S.r.l. (“Fassi Holding”, Italy), solely controlled by Gestioni S.p.A. (Italy), ultimately controlled by the natural person Mr. Giovanni Fassi. The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are the following:

−− Investindustrial is a European investment group of independently managed investment, holding and financial advisory companies. Its portfolio focuses on three main investment areas: consumer and leisure, healthcare and services, and industrial manufacturing,

−− Fassi Holding is the holding of the Fassi group, which is active at the worldwide level mainly in the manufacturing and sale of (i) loader cranes and (ii) hooklifts and skiploaders.

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, OJ C, C/2024/1741, 23.02.2024.

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

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 treatment for 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) Olivier GUERSENT Director-General

OJ C 160, 5.5.2023, p. 1–10.

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