Brussels, 22.3.2018

C(2018) 1908 final

To the notifying party

Subject:Case M.8802 - KKR / UNILEVER BAKING COOKING AND SPREADS BUSINESS
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 27 February 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which KKR & Co. L.P. ("KKR", USA), which manages and advises private equity and other investment funds acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Unilever's baking, cooking and spreads business (The Netherlands). 3

2.The business activities of the undertakings concerned are:

- for KKR: global investment firm which offers a broad range of alternative asset management services to public and private market investors and provides capital markets solutions for the firm, its portfolio companies and clients;

   - for UNILEVER BAKING COOKING AND SPREADS BUSINESS: manufacture and sale of plant-based nutrition products including butter, margarine and other spreads, melanges, dairy cream alternatives and vegetable oils in Europe and worldwide.

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

(Signed)

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 87, 7.3.2018, p. 3

(4)

     OJ C 366, 14.12.2013, p. 5.