Commission Decision of 22/12/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3331 - KKR / MTU) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 014 , 20/01/2004 P. 0005 - 0005 Commission Decision of 22/12/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3331 - KKR / MTU) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying party Dear Madam and Sir, Subject: Case No. COMP/M.3331 - KKR/MTU Notification of 24.11.2003 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1], as last amended by Regulation (EC) No 1310/97 [2] Publication in the Official Journal of the European Union No. C 288, 29.11.2003, page 5 [1] OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13. [2] OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17. 1. On 24.11.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Kohlberg Kravis Roberts & Co., L.P. ("KKR", USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation, by way of purchase of shares, control of MTU Aero Engines GmbH ("MTU", Germany).
The business activities of the undertakings concerned are: - for undertaking KKR: investment company; - for undertaking MTU: aero engines, maintenance of aero engines and industrial gas turbines. 2. 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 [3]. [3] OJ C 217, 29.07.2000, p. 32. 3. 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, signed Member of the Commission