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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 03/05/2005

In electronic form on the EUR-Lex website under document number 32005M3736

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 03.05.2005

SG-Greffe(2005) D/202052/3

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.3736 - EQT / GSCP/ISS/JV Notification of 23.03.2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 84 of 06.04.2005, page 3.

1.On 29/03/2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings EQT III and EQT IV, belonging to the EQT group of funds (ìEQTî, Denmark) and ultimately controlled by Investor AB (Sweden), and Goldman Sachs Capital Partners (ìGSCPî, UK), belonging to the Goldman Sachs Group, Inc. (ìGoldman Sachsî, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ISS A/S (ìISSî, Denmark), by way of public bid announced on 26.03.2005.

The business activities of the undertakings concerned are :

-- for EQT : private equity group

-- for GSCP : equity investment funds

-- for Goldman Sachs: investment banking, asset management and securities 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 ISS: facility services, and services related to damage control, food hygiene and health care.

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

2OJ C 56, 05.3.2005 p.32..

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