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Case No COMP/M.2264 - INDUSTRI KAPITAL / FIVES-LILLE

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/01/2001

Also available in the CELEX database Document No 301M2264

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.01.2001 SG(2001) D/285183

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE PUBLIC VERSION

To the notifying parties

Dear Sirs,

Subject: Case No. COMP/M.2264 – Industri Kapital (Industri Kapital 2000 Fund) / Fives-Lille Notification of 07.12.2000 pursuant to Article 4 of Council Regulation (EEC) No. 14064/89 Publication in the Official Journal of the European Communities No. C 361, 15.12.2000, page 4.

1.On 07.12.2000, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Industri Kapital 2000 Fund, controlled by the Industri Kapital group, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Compagnie de Fives-Lille, France, by way of a public bid announced on 04.12.2000.

The business activities of the undertakings concerned are:

-- for the Industri Kapital group : the main investment areas of this private equity investment firm are building materials, food, manufacturing industries, retailing and whole-selling, service industries and specialised process industry.

-- for Compagnie de Fives-Lille: design and construction of production equipment including handling equipment, machinery engineering, thermal engineering, combustion engineering, industrial piping. This production equipment is primarily used in the steel-, automotive-, aluminium-, glass-, petrochemical-, cement-, sugar- and food industries.

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

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 (EEC) No. 4064/89.

For the Commission, Mario Monti Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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