EN

Case No COMP/M.3766 - NORDIC CAPITAL / LEAF INT

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 21/04/2005

In electronic form on the EUR-Lex website under document number 32005M3766

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.04.2005

SG-Greffe(2005) D/201897/8

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

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

11Notification of 14/3/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Communities No. C 70, 23.03.2005, page 10.

1On 14.3.2005 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Nordic Capital Fund V (ìNordic Capital Vî, Jersey), belonging to the group Nordic Capital, acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Leaf International BV (ìLeafî, The Netherlands) currently solely controlled by CVC Capital Partners S‡rl (ìCVCî, Luxembourg) by way of purchase of shares. As a result of the current transaction Leaf will be jointly controlled by Nordic Capital V and CVC.

The business activities of the undertakings concerned are:

-- for undertaking Nordic Capital V: private equity fund;

-- for undertaking CVC: private equity funds;

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.

-- for undertaking Leaf : production and marketing of candies, chewing-gums and other sugar confectionary products.

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 c, of the Commission Notice on a simplified procedure for treatment of

certain concentrations under Council Regulation (EC) No 139/20042.

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

OJ C56, 05.3.2005 p.32

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