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: 26/02/2018

In electronic form on the EUR-Lex website under document number 32018M8778

EUROPEAN COMMISSION

Brussels, 26.2.2018 C(2018) 1292 final

PUBLIC VERSION

To the Notifying Party

Dear Sir or Madam,

1.1. On 2 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of the Merger Regulation by which Apollo Management, LP (‘Apollo’, United States), indirectly acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of Phoenix Services International LLC (‘Phoenix’, United States). The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for Apollo: controls several investment funds investing globally in companies and debt in various businesses such as chemical, cruise line, hospital, security, financial services and glass packaging,

- for Phoenix: provides services to steel producers such as handling, processing and sales of slag, as well as recovery and sizing of scrap metal to customer specifications.

2.3. 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.

2OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

3Publication in the Official Journal of the European Union No C 46, 8.2.2018, p. 6.

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.

4.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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