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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 13/08/2008

In electronic form on the EUR-Lex website under document number 32008M5231

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.8.2008 C(2008)4523

SG-Greffe(2008) D/205101

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

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

Subject: Case No. COMP/M.5231 ñ BAIN CAPITAL/ D&M Notification of 09/07/2008 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 181, 18/07/08, p. 28.

1.On 09/07/2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Bain Capital Investors LLC (USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking D&M Holdings Inc. (Japan) by way of public bid.

The business activities of the undertakings concerned are :

-- for Bain Capital Investors LLC : private equity investment firm;

-- for D&M Holdings Inc.: design, production, marketing and distribution of audio visual electronic 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

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.

5, subparagraph (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

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) Philip LOWE Director General

2OJ C 56, 05.3.2005, p. 32.

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