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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 14/09/2001

Also available in the CELEX database Document No 301M2560

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.09.2001

SG (2001) D/291380-81

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

1.On 16.08.2001, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking APAX Europe V - A L.P., Delaware (USA), controlled by APAX Europe V GP Co. Ltd., Guernsey (Channel Islands) which is controlled by Hirzell Trust, Guernsey (Channel Islands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of Mannesmann Plastics Machinery AG, Munich (Germany), Krauss-Maffei Corporation, Florence, Kentucky (USA), Van Dorn Demag Corporation, Strongville, Ohio (USA), Krauss-Maffei France SAS, Nanterre (France) and Netstal Maschinen AG, Glarus (Switzerland), below the ìMPM-groupî from ATECS AG by way of purchase of shares.

The business activities of the undertakings concerned are :

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.

-- for undertaking APAX Europe V - A L.P.: Investment Fund

-- for the MPM-group: Plastics machinery

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 (b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/892.

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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