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: 19/12/2022

In electronic form on the EUR-Lex website under document number 32022M10907

EUROPEAN COMMISSION

Brussels, 19.12.2022 C(2022) 9910 final

PUBLIC VERSION

Remondis Recycling International GmbH Ostuferstr 21 45356 Essen Germany

Hennes & Mauritz International AB Mäster Samuelsgatan 46 111 57 Stockholm Sweden

Dear Sir or Madam,

1.On 25 November 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which Remondis Recycling International GmbH (“Remondis”, Germany) belonging to the Rethmann group (Germany), and H&M Hennes & Mauritz International AB (“H&M”, Sweden) belonging to the H&M group (Sweden), will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture (“JV”, Sweden) by way of purchase of shares. in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are the following:

- Remondis is a service provider conducting business within the areas of recycling, public and industrial services and water management, including but not limited to the collection, processing, recycling and selling of waste and

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 462, 05.12.2022, p. 22.

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.

secondary raw material. Remondis is active internationally, however its geographical focus is on Europe, Asia and Australia,

- H&M is a service provider conducting business within the areas of design, purchasing, production, sales and marketing of consumer products, including but not limited to fashion, lifestyle, cosmetics and other related products. H&M is active worldwide.

The business activities of the JV will be the following:

The JV will be a greenfield joint venture set up for the purposes of collecting, sorting and selling used and unwanted garments and textiles. Although the JV’s activities will be focused on Europe, such activities are expected to be limited.

4.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(a) of the 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 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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