32012M6659

|EUROPEAN COMMISSION |

Brussels, 24.7.2012

C(2012) 5386

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties: | |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6659 - Bain/ Sumitomo/ Jupiter Shop Channel JV

Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 22 June 2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Bain Capital Investors, LLC ("Bain", USA) and Sumitomo Corporation ("Sumitomo", Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Jupiter Shop Channel Co., Ltd. ("Shop", Japan) by way of purchase of shares. [2]

2. The business activities of the undertakings concerned are:

- for Bain: private equity investment across most industries, including information technology, healthcare, retail and consumer products, and communications,

- for Sumitomo: integrated trading company active in various sectors such as metal products, transportation and construction systems, chemicals and electronics, media, networks and lifestyle retail, and mineral resources,

- for Shop: operation of a television shopping channel in Japan and internet shopping site intended primarily for Japanese consumers.

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(a) 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 192, 30.6.2012, p. 16.

[3] OJ C 56, 5.3.2005, p. 32.