EN

Case No COMP/M.5952 - CPPIB / ONEX / TOMKINS

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 10/09/2010

In electronic form on the EUR-Lex website under document number 32010M5952

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 10.9.2010 SG-Greffe(2010) D/13781/13782 C(2010) 6319

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

1.On 16.08.2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Canada Pension Plan Investment Board ("CPPIB", Canada) and Onex Corporation ("Onex", Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of the undertaking Tomkins plc ("Tomkins", United Kingdom) by way of public bid.

The business activities of the undertakings concerned are:

-- for CCPIB: federal non-agent Canadian crown corporation and professional management organisation created by a Canadian Act of Parliament to invest on behalf of the Canada Pension Plan;

1OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- for Onex: acquisition, administration and divestment of participations in undertakings in a wide range of markets;

-- for Tomkins: manufacture and supply of a variety of products for the industrial, automotive and building products markets.

2.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(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 European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the European Commission,

(signed)

Alexander ITALIANER Director General

2OJ C 56, 5.3.2005, p. 32.

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