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: 11/05/2023

In electronic form on the EUR-Lex website under document number 32023M11087

EUROPEAN COMMISSION

Brussels, 11.5.2023 C(2023) 3265 final

PUBLIC VERSION

PAI Partners SAS 232 rue de Rivoli 75001 Paris France

Dear Sir or Madam,

1.On 14 April 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which PAI Partners SAS (”PAI Partners”, France), will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of Gegenbauer Holding SE & Co. KG (Germany) and Gegenbauer Holding Verwaltung SE (Germany) (together referred to as “Gegenbauer Group”) by way of purchase of shares.

The business activities of the undertakings concerned are the following:

- PAI Partners is a private equity company headquartered in France that manages and/or advises funds that own companies active in a variety of business sectors including business services, food and consumer goods, general industries and healthcare,

- Gegenbauer Group is active in facilities management for buildings and technical facilities including related and ancillary activities.

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 138, 21.4.2023, p. 5.

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) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.

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