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: 17/11/2021

In electronic form on the EUR-Lex website under document number 32021M10495

EUROPEAN COMMISSION

Brussels, 17.11.2021 C(2021) 8446 final

PUBLIC VERSION

Warburg Pincus LLC 450 Lexington Avenue NY10017 New York United States of America

Apax Partners LLP 33 Jermyn Street SW1Y 6DN London United Kingdom

Dear Sir or Madam,

1.On 22 October 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Warburg Pincus LLC (“WP”, United States of America) and Apax Partners LLP (“AP”, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of T-Mobile Netherlands Holding B.V. (“T-Mobile Netherlands”, The Netherlands), currently solely controlled by Deutsche Telekom AG, by way of purchase of shares.

The business activities of the undertakings concerned are:

−− for WP: global private equity firm headquartered in New York. Its portfolio companies are active in a variety of sectors, including consumer, energy, financial services, healthcare, industrial and business services and technology, media and telecommunications,

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 439, 29.10.2021, p. 9.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

−− for AP: provision of investment advisory services to private equity funds investing in a range of industry sectors, such as technology and telecommunications, healthcare, financial and industrial services and retail, consumer and leisure,

−− for T-Mobile Netherlands: the provision of fixed and mobile telecommunications services to private and business customers, as well as wholesale access services in the Netherlands.

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.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 366, 14.12.2013, p. 5.

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