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: 14/10/2021

In electronic form on the EUR-Lex website under document number 32021M10490

EUROPEAN COMMISSION

Brussels, 14.10.2021 C(2021) 7520 final

PUBLIC VERSION

Bain Capital Investors, L.L.C. c/o Bain Capital Europe, LLP Devonshire House, 5th Floor Mayfair Place London W1J 8AJ United Kingdom

Chal-Tec Invest GmbH Wallstrasse 16 10179 Berlin Germany

Dear Sir or Madam,

1.1. On 21 September 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Bain Capital Investors L.L.C. (‘Bain Capital’, United States) and Chal-Tec Invest GmbH (‘CTI’, Germany) acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Berlin Brands Group Holding GmbH (‘BBG’, Germany), controlled by CTI, by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for Bain Capital: private equity investment firm in a variety of industries globally, including information technology, healthcare, retail and consumer products, communications, financial services and industrial/manufacturing,

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 396, 30.9.2021, p. 13.

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 CTI: private investment vehicle holding the shares in BBG and other undertakings active globally in the retail and real estate sector,

- for BBG: design, development and sale of consumer goods, in particular electrical appliances and consumer electronics, in Europe, the United States and China.

3.3. 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.

4.4. 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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