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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/03/2004

Also available in the CELEX database Document No 304M3383

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19/03/2004

SG-Greffe(2004) D/201079-201080

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

Subject: Case No. COMP/M.3383 ñ APAX/PERMIRA/NEW LOOK Notification of 19 February 2004 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 53, 28/02/2004, p.4.

1.On 19 February 2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Apax Europe IV/V (ìApaxî, UK) controlled ultimately by Hirzell Trust (ìHirzellî, UK) and the undertaking Permira Europe II (ìPermiraî, UK) controlled by Schroder Ventures Limited (ìSVLî, UK), both of them private equity funds, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ìNew Lookî (UK) and its subsidiaries by way of purchase of shares.

The business activities of the undertakings concerned are:

-- Apax Europe IV/V: investment fund active in a range of industries;

-- Europe Permira II: private equity fund focusing on pan-European investments;

-- New Look: retailing of womenswear and related merchandise in UK and France.

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.

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

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 (EEC) No. 4064/89.

For the Commission

Signed by Mario MONTI Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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