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Case No COMP/M.3377 - VESTAR CAPITAL / OGF

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 20/02/2004

Also available in the CELEX database Document No 304M3377

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20/02/2004 SG-Greffe(2004) D/200681

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

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

Subject: Case No. COMP/M.3377 - VESTAR CAPITAL PARTNERS / OGF Notification of 22/01/2004 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 Publication in the Official Journal of the European Communities No. C 29, 03/02/2004, Page 9.

1.On 22/01/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertaking ìVestar Capital Partnersî (ìVestarî, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the whole of the undertaking ìOmnium de Gestion et de Financementî (ìOGFî, France) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- For undertaking Vestar: Private equity firm specialised in management buy-outs, recapitalisation and growth capital investments.

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.

-- For undertaking OGF: active in the French funeral service sector.

2.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

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 signed by

Mario MONTI Member of the Commission

2OJ 217, 29.07.200, p.32.

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