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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 20/08/2004

Also available in the CELEX database Document No 32004M3513

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

EUROPEAN COMMISSION Competition DG

Consumer goods

Brussels, 20 VIII 2004

SG-Greffe(2004) D/203612

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Madam and/or Sir,

1.On 20 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which Caterpillar Logistics Services (UK) Ltd (ìCATî), belonging to the Caterpillar group, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the business of Xpart Ltd (ìXpartî, UK), a subsidiary of Phoenix Venture Holdings (UK) by way of purchase of assets.

The business activities of the undertakings concerned are:

-- Xpart operates worldñwide in the business of purchasing and marketing of parts and accessories for passenger cars and light commercial vehicles, in particular for MG Rover vehicles.

-- CAT is a provider of contract logistics services, and has been providing logistics services to Xpart since 2001.CATís ultimate parent is Caterpillar Inc (USA), which is a manufacturer of equipment for a number of different industries, such as construction and mining. None of its products are used in passenger cars or light commercial vehicles.

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. Office: J-70 - 1/144. Telephone: direct line (32-2) 2957389. Fax: (32-2) 2964301.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of 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 (EEC) No139/2004.

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, Mario MONTI Member of the Commission

2Available on DG COMP Website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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