Commission Decision of 20/12/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6793 - AEA / OTPP / DEMATIC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels, 20.12.2012 C(2012) 9949 final PUBLIC VERSION | | SIMPLIFIED MERGER PROCEDURE | |To the notifying parties | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6793 - AEA/OTPP/DEMATIC Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 23 November 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings AEA Investors LP ("AEA", USA) and Ontario Teachers’ Pension Plan Board ("OTPP", Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking of Dematic Holding S.à.r.l.
("Dematic", Luxemburg) by way of purchase of shares. [2] 2. The business activities of the undertakings concerned are: - for AEA: private equity investment group with primary business activity of identifying investment opportunities for investors, structuring investment transactions through investment vehicles, on behalf of the general partners of its funds, and managing and disposing of such investments to create returns for investors in its funds, - for OTPP: administering the Ontario Teachers’ Pension Plan and managing its investments, - for Dematic: designing, manufacturing, integrating and servicing of automated handling systems which are used in warehousing and distribution operations.
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(c)(ii) 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 369, 29.11.2012, p. 15. [3] OJ C 56, 5.3.2005, p. 32.