Commission Decision of 28/02/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4116 - APAX / TOMMY HILFIGER CORPORATION) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 28/02/2006 SG-Greffe(2006) D/200892 To the notifying party Dear Madam and Sirs, Subject: Case No. COMP/M.4116 - APAX/TOMMY HILFIGER CORPORATION Notification of 26/01/2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 29, 04/02/2006, p.11 1. On 26/01/2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No.
139/2004 by which the undertaking Elmira BV2, an investment fund advised by Apax Partners Holdings (“APHL”, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Tommy Hilfiger Corporation and affiliates (“THC”, Hong Kong), by way of purchase of shares. 2. The business activities of the undertakings concerned are : - for APHL : management of private equity funds. - for THC : design and sales of men’s, women’s and children’s apparel. 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 (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 Neelie KROES Member of the Commission [1] OJ L 24, 29.1.2004 p. 1 [2] OJ C 56, 05.3.2005 p.32 --------------------------------------------------