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: 01/03/2023

In electronic form on the EUR-Lex website under document number 32023M11002

EUROPEAN COMMISSION

Brussels, 1.3.2023 C(2023) 1553 final

PUBLIC VERSION

BDT Capital Partners, LLC, 401 N. Michigan Ave, Suite 3100, Chicago, IL 60611, United States of America

M+W Group GmbH, Löwentorbogen 9B, 70376 Stuttgart, Germany

Dear Sir or Madam,

1.On 3 February 2023, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation, by which the undertakings BDT Capital Partners, LLC (‘BDT Capital Partners’, USA) and M+W Group GmbH (‘M+W’, Germany) intend to acquire, within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation, joint control of the whole of Exyte GmbH (‘Exyte’, Germany), currently solely controlled by M+W, by way of purchase of shares.

The business activities of the undertakings concerned are:

-− BDT Capital Partners is a merchant bank headquartered in the USA. BDT Capital Partners specialises in investments in family-owned and founder-led businesses. It currently has 22 controlled portfolio companies active in more than 150 countries,

-− M+W is an engineering and construction company active in energy projects.

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 60, 17.02.2023, p. 28.

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.

3.Exyte is an international company for design, engineering, procurement, and construction in controlled and regulated environments. Exyte is serving clients in markets such as semiconductors, batteries, pharmaceuticals, biotechnology, and data centers. Exyte is active in more than 20 countries worldwide.

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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

5.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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