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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/12/2006

In electronic form on the EUR-Lex website under document number 32006M4436

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04/12/2006

SG-Greffe(2006) D/207388

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

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

1139/20041 Publication in the Official Journal of the European Communities No. C 276 of 14/11/2006, page 5.

1.On 27/10/2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Cinven Limited (ìCinvenî, UK), through its special purpose vehicle Paternoster Acquisitions Limited (ìPaternosterî, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Gondola Holdings plc (ìGondolaî, UK) by way of purchase of shares.

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.

The business activities of the undertakings concerned are:

For Cinven: provision of investment management advice and services to a number of investment funds, which have controlling interests in a number of trading companies.

For Gondola: holding company for the Pizza Express, Ask and Zizzi restaurant chains in the UK.

2.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.

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 Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32.

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