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Case No COMP/M.3447 - CARLYLE / SAPROGAL

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 25/05/2004

Also available in the CELEX database Document No 304M3447

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.05.2004

SG-Greffe(2004) D/202170

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Madam and Sir,

Subject: Case No. COMP/M.3447 ñ CARLYLE/SAPROGAL Notification of 22.04.2004 pursuant to Article 4 of Council Regulation (EEC) No. 14064/89 Publication in the Official Journal of the European Communities No. C 133, 11/05/2004, page 18.

1.On 22.04.2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking The Carlyle Group, Luxembourg, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking SAPROGAL S.A., Spain, by way of purchase of 98.98% of its shares.

The business activities of the undertakings concerned are:

For Carlyle Group: private investment, private equity investment through various funds of the Carlyle Group.

For SAPROGAL: production and supply of animal feed and pet food as well as small grain trading operation together with a poultry production and supply business. The activities of SAPROGAL are focused on Spain and Portugal.

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.

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 (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,

2OJ C 217, 29.07.2000, p. 32.

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