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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 31/08/2005

In electronic form on the EUR-Lex website under document number 32005M3912

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 31/08/2005

SG-Greffe(2005) D/204745

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

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

1.On 26/07/2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Bid Foodservice (UK) Limited (ìBid Foodserviceî, UK), belonging to the Bidvest Group Limited (ìBidvest Groupî, South Africa), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Deli XL BV (ìDeli XLî, The Netherlands) by way of purchase of shares and assets (including debt).

The business activities of the undertakings concerned are:

-- for Bidvest Group and Bid Foodservice: investment holding companies, inter alia active in the food services sector in the UK through BFS Group Limited (trading under the name ì3663 First for Food serviceî);

-- for Deli XL: wholesaler of food services for out-of-home consumption, active in Belgium and the Netherlands.

1OJ L 24, 29.1.2004 p. 1

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

3.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, subparagraph (c), of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004.

4.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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