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Case No COMP/M.5770 - CD&R/ BCA

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/02/2010

In electronic form on the EUR-Lex website under document number 32010M5770

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 17.2.2010 SG-Greffe(2010) D/2109 C(2010) 1040

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.5770 – CD&R/ BCA Notification of 13.01.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 15, 21.01.2010, p. 31

1.On 13.01.2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the EC Merger Regulation by which the undertaking CD&R Osprey Bidco Limited (UK), a special purpose vehicle which is controlled by Clayton, Dubilier and Rice Fund VIII, L.P. ("CD&R Fund VIII", Cayman Islands), ultimately indirectly controlled by Clayton, Dubilier & Rice ("CD&R", USA) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of BCA Holdings Limited ("BCA", UK) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for CD&R: private equity investment.

-- for BCA: used vehicle remarketing services.

1OJ L 24, 29.1.2004, p. 1 (the "EC Merger Regulation").

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

2.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the EC Merger Regulation 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 European 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 the EC Merger Regulation.

For the Commission (signed) Philip LOWE Director General

2OJ C 56, 05.3.2005, p. 32 ("Notice on a simplified procedure").

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