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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 15/07/2003

Also available in the CELEX database Document No 303M3204

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.07.2003

SG (2003) D/230776

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party :

Dear Sir/Madam,

Subject: Case No. COMP/M.3204 ñ Montagu Private Equity/Actaris Notification of 13.06.2003 pursuant to Article 4 of Council Regulation (EEC) No. 14064/89 Publication in the Official Journal of the European Communities No. C 149, 24.06.2003, page 9.

1.On 13.06.2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which Montagu Private Equity Limited (ìMPEî, UK), jointly controlled by Montagu Management Limited (ìMMLî, UK) and The Hongkong and Shanghai Banking Corporation (ìHSBCî, UK), and Mr Jean-Paul Bize (France) and Mr Clermont Matton (Canada) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Actaris Holding Luxembourg S.A. (ìActarisî, Luxembourg) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for MPE: private equity fund management company ;

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in 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.

-- for MML: holding company of MPEís managers ;

-- for HSBC: financial and banking services ;

-- for Mr Jean-Paul Bize: manager of Actaris ;

-- for Mr Clermont Matton: manager of Actaris ;

-- for Actaris: manufacturing and distribution of electricity, gas, water and heat metering products.

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.

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

2OJ C 217, 29.07.2000, p. 32.

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