EUROPEAN COMMISSION

DG Competition

Case M.9427 - THE CARLYLE GROUP / FORGITAL ITALY

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 23/08/2019

In electronic form on the EUR-Lex website under document number 32019M9427

EUROPEAN COMMISSION

Brussels, 23.08.2019 C(2019) 6269 final

PUBLIC VERSION

To the notifying party

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

Dear Sir or Madam,

1.On 22 July 2019, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which The Carlyle Group L.P. (United States, ‘Carlyle’) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Forgital through F-Brasile S.r.l. (Italy, ‘F-Brasile’), a special acquisition vehicle indirectly owned by Carlyle. The concentration is accomplished by way of purchase of shares.

The business activities of the undertakings concerned are:

-− for Carlyle: global investment firm that manages funds present in different business segments, including the manufacture of machined parts for aircraft engines,

-− for Forgital: forging, laminating and machining of rolled rings in the aerospace sector and supply of components in oil and gas, transmission, power generation and general mechanics.

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 256, 30.7.2019, p. 19.

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.

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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