Commission Decision of 21/06/2005 declaring a concentration to be compatible with the common market (Case No IV/M.3826 - TRIMOTEUR / NIBCAPITAL / FORTIS / SANDD) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 21.06.2005 SG-Greffe(2005) D/202729/202730/202731 [pic] To the notifying parties: Dear Sirs, Subject : Case No. COMP/M.3826 - Trimoteur / NibCapital / Fortis / Sandd Notification of 17/05/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] . Publication in the Official Journal of the European Union No. C 136 , 03/06/2005 , Page 35 1.
On 17/05/2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Fortis Private Equity Holding Nederland B.V., controlled by Fortis Bank Nederland (Holding) B.V. (“Fortis”, The Netherlands) and NIBCapital Principal Investments B.V., controlled by NIBCapital Bank N.V. (“NIBCapital”, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Sandd B.V. (“Sandd”, The Netherlands) along with Trimoteur Distribution Services B.V.
(“Trimoteur”, The Netherlands) by way of purchase of shares. Currently Sandd is solely controlled by Trimoteur. 2. The business activities of the undertakings concerned are: - for undertaking Fortis: private equity investment - for undertaking NIBCapital: private equity investment - for undertaking Trimoteur: investment, restructuring and management of enterprises - for undertaking Sandd: postal (mail) delivery 2. 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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No.
139/2004[2]. 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 (EC) No. 139/2004. For the Commission signed Charlie MCCREEVY 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