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: 08/08/2022

In electronic form on the EUR-Lex website under document number 32022M10804

EUROPEAN COMMISSION

Brussels, 08.08.2022 C(2022) 5849 final

PUBLIC VERSION

KKR & Co. Inc. 30 Hudson Yards New York, NY 10001 United States of America

Dear Sir or Madam,

1.1. On 14 July 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertaking KKR & Co. Inc. (‘KKR’, USA), will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of the undertaking ContourGlobal plc (‘ContourGlobal’, UK) by way of purchase of shares.

2. The business activities of the undertakings concerned are the following:

- KKR is a global investment firm, offering alternative asset management and capital markets and insurance solutions,

- ContourGlobal acquires and develops wholesale power generation assets, operating 138 power plants across 20 countries, including in the EU in Austria, Bulgaria, France, Italy, Romania, Slovakia and Spain.

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

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 280, 21.7.2022, p. 26.

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.

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) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.

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