Commission Decision of 24/02/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3065 - BAIN FUND GROUP / SIGMAKALON GROUP) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 051 , 05/03/2003 P. 0015 - 0015 Commission Decision of 24/02/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3065 - BAIN FUND GROUP / SIGMAKALON GROUP) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the Notifying Parties Dear Madam and/or Sir, Subject: Case No. COMP/M.3065 - BAIN FUND GROUP/SIGMAKALON GROUP Notification of 21/01/2003 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1] Publication in the Official Journal of the European Communities No. C 24 of 31/01/2003, page 18 [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 21/01/2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertakings Bain Capital Fund VII-E (UK), LP, Bain Capital Fund VII, LP and Bain Capital Coinvestment Fund, LP (together referred to as "Bain Fund"), all belonging to the USA-based Bain Capital Investors group, acquire within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the SigmaKalon Group ("SigmaKalon"-France) by way of purchase of shares.
2. The business activities of the undertakings concerned are: - for Bain Fund : investment fund; - for SigmaKalon : manufacture and supply of decorative and industrial coatings 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