m8885.docx EUROPEAN COMMISSION Brussels, 16.05.2018 C(2018) 3125 final To the notifying party Subject : Case M. 8885 – CARLYLE / ACCOLADE WINES HOLDINGS AUSTRALIA / ACCOLADE WINES HOLDINGS EUROPE 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 13 April 2018 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Carlyle Asia Partners IV, L.P., belonging to the the Carlyle Group (United States) indirectly acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Accolade Wines Holdings Australia Pty Ltd (Australia) and Accolade Wines Holdings Europe Limited (United Kingdom) (together the 'Accolade Group'), both controlled by funds managed by CHAMP III Management Pty Ltd , by way o f purchase of shares .
3 2. The business activities of the undertakings concerned are: - for the Carlyle Group : global alternative asset management, - for the Accolade Group : production, marketing and sale predominantly at wholesale level of wine and wine products . 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 . 4 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 and Article 57 of the EEA Agreement . For the Commission ( S igned ) 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 143 , 24 . 4 . 2018 , p. 8 . (4) OJ C 366, 14.12.2013, p. 5 .