Commission Decision of 09/03/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6473 - SUN CAPITAL / ELIX) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 09.03.2012 C(2012) 1724 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying party Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6473 – SUN CAPITAL / ELIX Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 10 February 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Sun Capital Partners V, L.P.
("Sun Capital Fund", USA), ultimately controlled by Sun Capital Partners, Inc, indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control over Elix Polymers S.L. ("Elix", Spain), by way of a purchase of shares [2] . 2. The business activities of the undertakings concerned are: - For Sun Capital: private equity investment firm; and - For Elix: producer of acrylonitrile-butadiene-styrene and styrene-acrylonitrile. 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 52, 22.2.2012, p.13 [3] OJ C 56, 5.3.2005, p. 32.