Commission Decision of 14/01/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3021 - APAX / DUKE / FOCUS WICKES / JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 013 , 18/01/2003 P. 0014 - 0014 Commission Decision of 14/01/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3021 - APAX / DUKE / FOCUS WICKES / JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying parties Dear Madam, dear Sir, Subject: Case No. COMP/M.3021 - Apax / Duke / Focus Wickes / JV Notification of 29 November 2002 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1] Publication in the Official Journal of the European Communities No. C 308, 11/12/2002, page 35 [1] OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17. 1. On 29 November 2002, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertakings Apax Europe V ("Apax") and Duke Street Capital Holdings Limited ("Duke") acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Focus Wickes Limited ("Focus Wickes") by way of purchase of shares in a newly created company constituting a joint venture.
Focus Wickes is currently sole-controlled by Duke. 2. The business activities of the undertakings concerned are : Apax: investment partnerships with shareholdings in a range of industries Duke: holding company for a number of limited investment partnerships with diversified shareholdings Focus Wickes: sale of repair, maintenance and improvement products for the home 3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph (b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [2]. [2] OJ C 217, 29.07.2000, p.
32. 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 (EEC) No. 4064/89. For the Commission Mario MONTI Member of the Commission