Case No COMP/M.2656 - CINVEN / KL÷CKNER PENTAPLAST

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/12/2001

Also available in the CELEX database Document No 301M2656

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.12.2001 SG (2001) D/292633

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Sirs,

Subject : Case No COMP/M.2656 - CINVEN/KL÷CKNER

1Notification of 06.11.2001 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 Publication in the Official Journal of the European Communities No. C 319 of 14.11.2001.

1.On 06.11.2001, the Commission received a notification of a proposed concentration by which Cinven Ltd. ("Cinven"), belonging to Cinven Group Ltd, will acquire within the meaning of Art. 3(1)(b) of the Merger Regulation control of the Klˆckner Pentaplast Group (ìKlˆcknerî), consisting of Klˆckner Pentaplast GmbH (the Group's European activities) and Klˆckner Capital Corporation Inc. (the Group's North and South American activities), by way of a purchase of shares.

The business activities of the undertakings concerned are :

for Cinven: venture capital financing

for Klˆckner: rigid and flexible plastic films (including sheets)

3After 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, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

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.

2OJ C 217, 29.07.2000, p. 32.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

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) Mario Monti Member of the Commission

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