Commission Decision of 12/08/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6306 - 3i GROUP / ACTION HOLDING) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 12.08.2011 C(2011) 5986 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying party: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6306 –3i GROUP/ ACTION HOLDING Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 11.07.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking 3i Group plc (United Kingdom), acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Action Holding B.V.
(The Netherlands) by way of purchase of shares. 2. The business activities of the undertakings concerned are: — for undertaking 3i: a private equity and alternative asset management company, holding investments in various sectors. 3i focuses on private equity, debt management and infrastructure investments, and is active mostly in Europe, Asia and Americas, — for undertaking Action Holding B.V.: Action is active in the retail market for non-food and (to a limited extent) food products through retail stores in the Netherlands, Belgium and Germany [2] . 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 paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .
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. For the 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] Publication in the Official Journal of the European Union No C 210, 16.07.2011, p.31 [3] OJ C 56, 5.3.2005, p. 32.