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Case No COMP/M.3317 - RATOS / LEHMANN BROTHERS / FASTIGHETSTORNET

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 01/12/2003

Also available in the CELEX database Document No 303M3317

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 01-12-2003 SG (2003) D/233148

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

Case No. COMP/M.3317 - RATOS/LEHMANN BROTHERS/FASTIGHETSTORNET

Notification of 03.11.2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 271, November 12, 2003 page 48

1.On 03.11.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings Ratos AB (ìRatosî), Sweden, and Lehman Brothers Real Estate Partnership (ìLBREPî), USA, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Swedish undertaking Fastighets AB Tornet (ìTornetî), by way of public bid announced on 20 October 2003.

The business activities of the undertakings concerned are:

-- for Ratos: A Swedish listed private equity company, specialising in investment management,

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum 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 LBREP: A Real Estate Private Equity Fund within of the global investment bank Lehman Brothers, specialising in asset investments both in Europe and North America,

-- for Tornet: A Swedish real estate investment company.

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

(Signed) Mario MONTI Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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