Commission Decision of 04/09/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3231 - APOLLO / SOROS / GOLDMAN SACHS / CABLECOM) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 215 , 10/09/2003 P. 0003 - 0003 Commission Decision of 04/09/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3231 - APOLLO / SOROS / GOLDMAN SACHS / CABLECOM) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying parties Dear Madam(s) and/or Sir(s), Subject:
Case No. COMP/M.3231 - Apollo Group / Soros Private Equity Investors, LP and affiliates / Goldman Sachs Capital Partners 2000, LP - CableCom GmbH Notification of 1 August 2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1] Publication in the Official Journal of the European Union No. C 190, 12/08/2003, page 12 [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 1 August 2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 by which the Goldman Sachs Group Inc., Apollo Investment Fund V Inc. and Soros Private Equity Investors LP, jointly the Consortium, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cablecom GmbH Switzerland by way of a purchase of shares. 2. The business activities of the undertakings concerned are: Goldman Sachs Group: US-based global investment banking and securities firm active in global capital markets; Apollo Investment Fund : US- based, globally active private equity investment group; Soros Private Equity Investors LP: globally active investment advisory business;
Cablecom GmbH: broadband cable provider active primarily in Switzerland and to a limited extent in Austria. 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, subparagraphs a and 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 (Signed) Franz FISCHLER Member of the Commission