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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 27/08/2004

Also available in the CELEX database Document No 32004M3540

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27-VIII-2004

SG-Greffe(2004) D/2037781

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Sirs,

Subject: Case No. COMP/M.3540 - Cerberus/GDX Notification of 23 July 2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. 196 of 3/08/2004, p.6.

1.On 23.07.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking GDX Holdings LLC (ìHoldingsî, United-States) controlled by the Cerberus group (ìCerberusî, United States) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking GDX Automotive business (ìGDXî, United-States), controlled by GenCorp Inc. (United-States), by way of purchase of assets.

The business activities of the undertakings concerned are :

-- for Holdings / Cerberus: Financial investment company

-- for GDX : manufacture of automotive components

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.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of 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 (EEC) 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

Mario MONTI Member of the Commission

2Adopted by the Commission on 20 July 2004 and available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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