Commission Decision of 31/05/2005 declaring a concentration to be compatible with the common market (Case No IV/M.3801 - CVC / GILDE / BEKAERT FENCING) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 31/05/2005 SG-Greffe(2005) D/202399/400 To the notifying parties Dear Madam(s) and/or Sir(s), Subject : Case No. COMP/M.3801 – CVC/ Gilde/ Bekaert Fencing Notification of 25/04/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 111 , 11 May 2005, p. 15. 1. On 25/04/2005 , the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No.
139/2004 by which the undertakings CVC Capital Partners Sarl (“CVC”, Luxembourg) and Gilde Buy-Out Fund II, (“Gilde”, Netherlands) belonging to the Rabobank Group (“Rabobank”, Netherlands), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of the undertaking Bekaert Fencing NV (“Bekaert”, Belgium) which is currently solely controlled by Gilde, by way purchase of shares. 2. The business activities of the undertakings concerned are : - for CVC : investment and management advice to investment funds. - for Gilde : specialised investment fund - for Rabobank : banking and credit institution, financial services - for Bekaert: manufacture and sale of steel wire-based fencing systems, wire-based industrial mesh, cable and wire.
3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph b of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004[2]. 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 (EC) No.
139/2004. For the Commission, signed Neelie KROES Member of the Commission [1] OJ L 24, 29.1.2004 p. 1 [2] OJ C 56, 05.3.2005 p.32 MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE PUBLIC VERSION