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Case No COMP/M.6943 - TRITON/ BEFESA

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REGULATION (EC) No 139/2004

MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION

Date: 17/06/2013

In electronic form on the EUR-Lex website under document number 32013M6943

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 17.6.2013 C(2013) 3924 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6943 - TRITON/ BEFESA Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 17.05.2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the Triton Fund III, part of the Triton Group (“Triton”, Jersey), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Befesa Medio Ambiente, S.L.U. (“Befesa”, Spain) by way of a purchase of shares.

The business activities of the undertakings concerned are:

-- for Triton: private equity investment firm, active in Northern Europe (Austria, Germany, Switzerland and the Nordic countries);

-- for Befesa: recycling company (in particular, recycling of steel and aluminium waste, as well as management of other industrial wastes) mainly active in Germany, Spain, Sweden, France, the United Kingdom and Turkey.

2.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 (c) 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 144, 24.05.2013, p.8

3.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.

For the Commission (Signed) Alexander ITALIANER Director General

3OJ C 56, 5.3.2005, p. 32.

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