Commission Decision of 15/06/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5866 - SUN CAPITAL / BEAUTY BUSINESS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) (.PICT.)(.PICT.) |EUROPEAN COMMISSION | Brussels , 15.6.2010 SG-Greffe(2010) D/8498 PUBLIC VERSION C(2010) 4157 MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE To the notifying party Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.5866 - SUN CAPITAL/ BEAUTY BUSINESS Notification of 18/05/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 137, 27/05/2010, p.28 1.
On 18/05/2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Sun Capital Partners V, L.P. part of Sun Capital Partners group of funds ("Sun Capital", USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of the Rio Tinto Group ("Rio Tinto", UK) consisting of Alcan Packaging Beauty Business (the "Beauty Business") by way of purchase of shares and assets. The business activities of the undertakings concerned are: - for Sun Capital: private equity investment firm managing a number of private equity funds; - for the Beauty Business: packaging solutions for the beauty industry.
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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] . 3. 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 European Commission, (signed) Alexander ITALIANER Director General [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 C 56, 5.3.2005, p. 32.