Case No COMP/M.3628 - GILDE / BEKAERT FENCING

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 16/02/2005

In electronic form on the EUR-Lex website under document number 32005M3628

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.02.2005

SG-Greffe(2005) D/200692

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

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

Subject: Case No. COMP/M.3628 ñ Gilde/ Bekaert Fencing Notification of 19/01/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 22, 27/01/2005, page 9.

1.On 19/01/2005, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking Gilde Buy-Out Fund II, (ìGildeî, Netherlands) belonging to the Rabobank Group (ìRabobankî, Netherlands), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Bekaert Fencing NV (ìBekaertî, Belgium) and its subsidiaries, by way purchase of shares.

The business activities of the undertakings concerned are :

-- for Gilde : specialised investment fund

-- for Rabobank : banking and credit institution, financial services

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 Bekaert: manufacture and sale of steel wire-based fencing systems, wire-based industrial mesh, cable and wire.

2.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 b of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004.

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 Neelie KROES Member of the Commission

2Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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