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: 29/07/2024

In electronic form on the EUR-Lex website under document number 32024M11571

EUROPEAN COMMISSION

Brussels, 29.7.2024 C(2024) 5589 final

PUBLIC VERSION

Kühne Holding AG Dorfstrasse 50 CH-8834 Schindellegi Switzerland

Dear Sir or Madam,

1(1) On 5 July 2024, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Kühne Holding AG (‘Kühne Holding’, Switzerland), ultimately controlled by Klaus-Michael Kühne, will acquire within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of Apollo 8 GmbH (‘Apollo 8’, Germany), the holding company of the Aenova group of companies (‘Aenova’, Germany) and 3ultimately controlled by BC Partners LLP, by way of purchase of shares. ()

2(2) The business activities of the undertakings concerned are the following:

– Kühne Holding is a holding company which is active through Kühne + Nagel International AG in the provision of logistics and freight forwarding services and through Hapag-Lloyd AG in the provision of container shipping services. In addition, it is also active in the hospitality services and real estate sectors,

– Apollo 8 is the holding company of Aenova, which is internationally active in the provision of contract development and manufacturing services for finished medicinal products for human use and animal health as well as dietary supplements.

(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

1() OJ 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.

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

3() OJ C, C/2024/4511, 12.7.2024.

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111

paragraph 5(c) of the Commission Notice on a simplified treatment for certain

4concentrations under Council Regulation (EC) No 139/2004. ()

(4) For the reasons set out in the Notice on a simplified treatment, 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

4() OJ C 160, 5.5.2023, p. 1 (the ‘Notice on a simplified treatment’).

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