Commission Decision of 24/08/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5897 - KRAMP GROEP / SHV / HOUDSTERMAATSCHAPPIJ KRAMP GROEP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)
(.PICT.) |EUROPEAN COMMISSION | Brussels , 24.08.2010 SG-Greffe(2010) DL/12884/12885 C(2010) 5940 PUBLIC VERSION MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE To the notifying parties: Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.5897 – KRAMP GROEP/ SHV/ HOUDSTERMAATSCHAPPIJ KRAMP GROEP Notification of 19.07.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 206, 30.7.2010, p. 7 1. On 19.07.2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which NPM Capital N.V. ("NPM", The Netherlands), a subsidiary of SHV Holdings N.V. ("SHV", The Netherlands), acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Houdstermaatschappij Kramp Groep B.V. ("Houdstermaatschappij Kramp", The Netherlands) by way of purchase of shares. 2. The business activities of the undertakings concerned are: - NPM: private equity fund with participations in, amongst others, companies operating in the field of food, healthcare products and technical equipment; - Houdstermaatschappij Kramp: a technical wholesaler active in trading in parts for agricultural and horticultural machinery. 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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] . 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. For the European Commission, (signed) Alexander ITALIANER Director General [1] [2]1OJ 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. OJ C 56, 5.3.2005, p. 32 ("Notice on a simplified procedure").