EN

Case No COMP/M.3617 - BC PARTNERS / PICARD

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 25/11/2004

In electronic form on the EUR-Lex website under document number 32004M3617

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.11.2004

SG-Greffe(2004) D/205366

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Sirs,

Subject: Case No. COMP/M. 3617 ñ BC Partners/Picard Notification of 26/10/2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 272 dated 06/11/2004, page 2

1.On 26/10/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking CIE Management II Limited (ìCIEMî, Guernsey) controlled by BC Partners Holdings Limited (ìBC Partnersî, Guernsey) acquires through the acquisition vehicle OBO2 (France) within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of FinanciËre Fontainebleau S.A. (ìFontainebleauî, France), which controls the undertakings Picard SurgelÈs S.A. (ìPicardî, France) and Picard I Surgelati SpA (ìPicard Iî, Italy), 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.

2.The business activities of the undertakings concerned are :

-- for undertaking CIEM/BC Partners: private equity fund

-- for undertaking Fontainebleau: holding of Picard and Picard I, which are active in retail distribution of frozen food in France and Italy

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 (b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004.

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

2Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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