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Case No COMP/M.3034 - CVC GROUP / EL ARBOL

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/12/2002

Also available in the CELEX database Document No 302M3034

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19/12/2002

SG (2002) D/233392

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party ,

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

Subject: Case No. COMP/M.3034 ñ CVC Group/El Arbol Notification of 21/11/2002 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 Publication in the Official Journal of the European Communities C298,30/11/02.

1.On 21.11.2002, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertaking CVC Capital Partners Group, Ltd (ìCVC î, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Grupo El Arbol DistribuciÛn y Supermercados, S.A.U. (ìEl Arbolî, Spain), currently controlled by Laurus Luxembourg SQRL (ìLaurusî, Luxembourg), by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for CVC Group: Provision of investment and management advice to investment funds.

-- for El Arbol: retail sales of food and other non-specialised merchandise.

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

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.

paragraph 4, subparagraph c, 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

Mario MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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