m8477.docx EUROPEAN COMMISSION Brussels, 01/06/2017 C(2017) 3906 final To the notifying parties Subject : Case M. 8477 – LGP / OMERS / OPE CALIBER HOLDINGS Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 5 May 2017 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Leonard Green & Partners, L.P. ("LGP", U.S.) and OPE USA Investment Corporation ("OPE"), an entity which forms part of the wider OMERS Group ( " OMERS Group " , Canada) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control over OPE Caliber Holdings Inc., which together with its wholly-owned subsidiaries is referred to as Caliber Collision Centers (“CCC” , U.S . ) by way of a purchase of shares 3 . ` The business activities of the undertakings concerned are: – LGP is a U.S. private equity investment firm headquartered in Los Angeles.
LGP’s primary sectors of focus are retail, consumer, healthcare, wellness, business, con sumer services and distribution; – OMERS Group is the administrator of the Ontario Municipal Employees Retirement System Primary Pension Plan in Canada; – CCC operates a network of automobile collision repair centers in the U.S. CCC is exclusively active in the U.S. and has no current or foreseen business activities or revenues in the EEA. CCC is currently solely controlled by OPE. 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(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 .
4 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 and Article 57 of the EEA Agreement . For the Commission (Signed) Johannes LAITENBERGER 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 L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ). (3) Publication in the Official Journal of the European Union No C 150 , 13/05 / 2017, p.6 . (4) OJ C 366, 14.12.2013, p. 5 .