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Case No COMP/M.4183 - FOODCO PASTRIES / TELE PIZZA

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 21/04/2006

In electronic form on the EUR-Lex website under document number 32006M4183

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21/04/2006

SG-Greffe(2006) D/202144

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

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

Subject: Case No. COMP/M.4183 - Foodco Pastries/Tele Pizza Notification of 17.03.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 76 of 29/03/2006, p. 3

1.On 17.03.2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings Permira Holdings Limited (“Permira”, United Kingdom) and Carbal S.A. (“Carbal”, Spain) through Foodco Pastries acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Tele Pizza S.A. (“Tele Pizza”, Spain) by way of public bid announced on 28 February 2006. The business activities of the undertakings concerned are :

-- for Permira : equity investment fund ;

-- for Carbal : acquisition of stake and participations in different companies ;

1OJ L 24, 29.1.2004 p. 1

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

- for Tele Pizza : network of branded fast food restaurants operated directly through proprietary stores or through third party’s franchised stores.

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, (b) 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 Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32

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