Commission Decision of 04/12/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4436 - CINVEN / GONDOLA) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 04/12/2006 SG-Greffe(2006) D/207388 To the notifying party: Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.4436 - Cinven / Gondola Notification of 27.10.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Communities No. C 276 of 14/11/2006, page 5. 1. On 27/10/2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Cinven Limited (“Cinven”, UK), through its special purpose vehicle Paternoster Acquisitions Limited (“Paternoster”, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Gondola Holdings plc (“Gondola”, UK) by way of purchase of shares.
The business activities of the undertakings concerned are: For Cinven: provision of investment management advice and services to a number of investment funds, which have controlling interests in a number of trading companies. For Gondola: holding company for the Pizza Express, Ask and Zizzi restaurant chains in the UK. 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 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 Philip LOWE Director General [1] OJ L 24, 29.1.2004 p. 1. [2] OJ C 56, 05.3.2005 p.32. --------------------------------------------------