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Document 32012M6755

Decisión de la Comisión, de 17/12/2012 por la que se declara la compatibilidad de una operación de concentración con el mercado común (Asunto no COMP/M.6755 - BAIN CAPITAL INVESTORS / APEX TOOL GROUP) sobre la base del Reglamento (CE) n. 139/2004 del Consejo (El texto en lengua inglesa es el único auténtico)

Legal status of the document In force

32012M6755

Commission Decision of 17/12/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6755 - BAIN CAPITAL INVESTORS / APEX TOOL GROUP) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)


|EUROPEAN COMMISSION |

Brussels, 17.12.2012

C(2012) 9828

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party: | |

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

Subject: Case No COMP/M.6755 - BAIN CAPITAL INVESTORS/ APEX TOOL GROUP Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1]

1. On 19.11.2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Bain Capital Investors LLC, ("Bain", USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of Apex Tool Group LLC ("Apex", USA) by way of acquisition of membership interests.

The business activities of the undertakings concerned are:

- for Bain: private equity investment,

- for Apex: manufacturing and supply of hand and power tools, chain products, soldering products and specialty products for industrial, commercial and do it yourself applications [2] .

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(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .

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 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 367, 27.11.2012, p.6

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

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