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: 15/10/2024

In electronic form on the EUR-Lex website under document number 32024M11660

EUROPEAN COMMISSION

Brussels, 15.10.2024 C(2024) 7330 final

PUBLIC VERSION

Mutares SE & Co. KGaA Arnulfstraße 19 80335 – Munich Germany

Dear Sir or Madam,

(1) On 20 September 2024, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Mutares SE & Co. KGaA (‘Mutares’, Germany), will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Serneke Sverige 3 AB (‘Serneke Sverige’, Sweden) by way of purchase of shares. ()

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

– Mutares is an international investment holding, focused on special situations and focused on the acquisition of parts of large corporations (carve-outs) and medium-sized companies in transitional situations. Mutares focuses on the economic sectors Automotive and Mobility, Technology and Engineering, Goods and Services and Retail and Food. Its portfolio companies are active across the world,

– Serneke Sverige is active in the construction sector in Sweden only, with activities in community services and infrastructure properties as well as residential and commercial buildings.

(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

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/C/2024/5879, 27.9.2024.

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

paragraph 5(c) of the Commission Notice on a simplified treatment for certain

4 concentrations under Council Regulation (EC) No 139/2004. ( )

(4) 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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