Commission Decision of 08/03/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4132 - LEHMAN BROTHERS / HEINZ EUROPEAN SEAFOOD) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 08.03.2006 SG-Greffe(2006) D/200999 To the notifying party Dear Madam(s) and/or Sir(s), Subject : Case No. COMP/M.4132 – LEHMAN BROTHERS/ HEINZ EUROPEAN SEAFOOD Notification of 01.02.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 33, 09.02.2006. page 4.
1. On 01.02.2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Lehman Brothers Merchant Banking Partners III L.P. (“Lehman Brothers”, USA) belonging to the Lehman Brothers Group acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the European seafood business of HJ Heinz Company (“Heinz”, USA) by way of purchase of shares and assets. 2. The business activities of the undertakings concerned are: - for Lehman Brothers: investment fund; - for Heinz: fishing, processing and distributing of seafood products.
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(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