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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 10/02/2006

In electronic form on the EUR-Lex website under document number 32006M4101

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10/02/2006

SG-Greffe(2006) D/200625

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.4101 ñ MatlinPatterson/Deutsche Bank/Michel Thierry

Date of notification: 06.01.2006 Legal Deadline: 10.02.2006

I. THE PARTIES AND THE OPERATION

1.On 06.01.2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/20041 by which the undertakings MatlinPatterson LLC (USA) and Deutsche Bank AG (Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Michel Thierry SA (France), by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for MatlinPatterson : investment in companies in financial difficulties, directing their reorganization;

-- for Deutsche Bank : banking

-- for Michel Thierry: manufacture and supply of fabrics and seat covers for the automotive industry.

1OJ L 24, 29.1.2004 p. 1

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

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, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004.

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

2OJ C 56, 05.3.2005 p.32

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