Commission Decision of 07/12/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4449 - KKR / SIF (TARKETT)) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)
Brussels, 07-XII-2006 SG-Greffe(2006) D/207506 To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.4449 – KKR / SIF (TARKETT) : Notification of 03/11/2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 275 - 11/11/2006 – page 10 1. On 03.11.2006, the US-based private equity firm Kohlberg Kravis Roberts & Co (“KKR”) notified its intention to acquire 50% share of the French Société d’Investissement Familiale (“SIF”, France) who is the majority shareholder of the French company Tarkett S.A. (“Tarkett”). As following the transaction the seller Deconinck Family and the acquirer KKR will hold 50-50% of the shares of SIF, the notified transaction represents a move from sole control to joint control within the meaning of Article 3(1)b of the EC Merger Regulation. 2. The business activities of the undertakings concerned are: - for KKR: private equity firm with investments in a range of different businesses. - for SIF: holding company currently owned by the Deconinck Family; SIF is a majority shareholder of Tarkett, which is a global producer and distributor of flooring products. 3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2]. 4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004. For the Commission signed Philip LOWE Director General [1] OJ L 24, 29.1.2004 p. 1 [2] OJ C 56, 05.3.2005 p.32. --------------------------------------------------