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Case No COMP/M.3231 - APOLLO / SOROS / GOLDMAN SACHS / CABLECOM

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/09/2003

Also available in the CELEX database Document No 303M3231

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04.09.2003

SG (2003) D/231563/231564/231565

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.3231 ñ Apollo Group / Soros Private Equity Investors, LP and affiliates / Goldman Sachs Capital Partners 2000, LP ñ CableCom GmbH Notification of 1 August 2003 pursuant to Article 4 of Council Regulation 1(EEC) No. 4064/89 Publication in the Official Journal of the European Union No. C 190, 12/08/2003, page 12

1.On 1 August 2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the Goldman Sachs Group Inc., Apollo Investment Fund V Inc. and Soros Private Equity Investors LP, jointly the Consortium, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cablecom GmbH Switzerland by way of a purchase of shares.

The business activities of the undertakings concerned are:

Goldman Sachs Group:

US-based global investment banking and securities firm active in global capital markets;

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.

Apollo Investment Fund :

US- based, globally active private equity investment group;

Soros Private Equity Investors LP: globally active investment advisory business;

Cablecom GmbH:

broadband cable provider active primarily in Switzerland and to a limited extent in Austria.

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, subparagraphs a and 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) Franz FISCHLER Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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