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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 24/10/2006

In electronic form on the EUR-Lex website under document number 32006M4396

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.10.2006

SG-Greffe(2006) D/206416

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

Dear Madam and/or Sir,

1.On 19/09/2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the Apollo Group (USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of TNT Logistics Holdings B.V. (the Netherlands), TNT Container Logistik GmbH (Germany), TNT Logistics GmbH (Germany) as well as certain assets related to the TNT business activities in France (together ìTNT Logisticsî) by way of purchase of shares and assets.

The business activities of the undertakings concerned are:

-- for Apollo Group: portfolio investments;

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.

-- for TNT Logistics: provision of contract logistics services; TNT Logistics is currently a part of TNT N.V. (the Netherlands) active also in mail and express services.

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.

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

2OJ C 56, 05.3.2005 p.32

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