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In electronic form on the EUR-Lex website under document number 32014M7287
Office for Publications of the European Union L-2985 Luxembourg
To the notifying party
Dear Madam(s) and/or Sir(s),
Subject: Case M.7287 - CD&R FUND IX/ MAUSER Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
1.On 5 June 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Clayton, Dubilier & Rice Fund IX, L.P. (“CD&R Fund IX”, USA) intends to acquire within the meaning of Art. 3(1)(b) of the Merger Regulation Regulation sole control of the undertaking Mauser Holding GmbH (“Mauser”, Germany), by way of purchase of shares.
The business activities of the undertakings concerned are:
-- for CD&R Fund IX: private equity investment;
-- for Mauser: mainly active in the production and sale of rigid industrial packaging products.
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
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.
2Publication in the Official Journal of the European Union No C 186, 18.6.2014, p. 11.
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.
3the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
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.
For the Commission
(Signed) Alexander ITALIANER Director-General
3OJ C 366, 14.12.2013, p. 5.
2