Commission Decision of 07/10/2005 declaring a concentration to be compatible with the common market (Case No IV/M.3961 - PERMIRA-KKR / SBS BROADCASTING) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 07.10.2005 SG-Greffe(2005) D/205409 To the notifying party Subject : Case No. COMP/M.3961 – Permira-KKR/SBS Broadcasting Notification of 02.09.05 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 224, 13.09.2005, page 2 Dear Madam(s) and/or Sir(s), 1. On 02.09.2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking PKS Media S.à.r.l.
(“PKS”, Luxembourg), jointly controlled by Permira Holdings Limited (“Permira”, Guernsey) and Kohlberg Kravis Roberts & Co. L.P. (“KKR”, USA), acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking SBS Broadcasting SA (“SBS”, Luxembourg) by way of purchase of shares and assets. 2. The business activities of the undertakings concerned are: - for PKS: specially created acquisition vehicle; - for Permira : private equity fund; - for KKR : private equity investment company; - for SBS: free-to-air and pay television, radio broadcasting and publication of TV and radio guides.
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, subparagraph b, 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 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