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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 01/04/2004

Also available in the CELEX database Document No 304M3368

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 01.04.2004

SG-Greffe(2004) D/201444

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

For the notifying parties

Dear Sir,

1.On 03.03.2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Clayton, Dubilier and Rice Fund VI Limited Partnership (ìCD&R Fund VIî, Cayman Islands), controlled by Clayton, Dubilier & Rice, Inc. (ìCD&Rî, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of VWR International Corporation (ìVWRî, USA), from Merck KGaA (ìMerckî, Germany), by way of purchase of shares.

The business activities of the undertakings concerned are :

-- CD&R Fund VI : private equity investments for CD&R

-- CD&R: private equity investments

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum 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.

-- VWR: distribution of scientific and laboratory supplies

-- Merck: pharmaceuticals and chemicals

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 paragraph 4, 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

3OJ C 217, 29.07.2000, p. 32.

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