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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 13/11/2000

Also available in the CELEX database Document No 300M2184

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.11.2000 SG(2000)108326

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

Dear Sirs,

Subject: Case No. COMP/M. 2184 - KOHLBERG KRAVIS ROBERTS/LAPORTE Notification of 9.10.2000 pursuant to Article 4 of Council Regulation (EEC) No.

4064/891 Publication in the Official Journal of the European Communities No. C 293, 14/10/2000, p.14

1.On 9.10.2000, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Kohlberg Kravis Roberts & Co., LP (KKR) acquires within the meaning of Article 3(1)(b) of the Council Regulation, by way of purchase of shares and assets, control of the following businesses of the undertaking Laporte PLC (Laporte): pigments, additives, compounds, electronic chemicals and materials, timber treatment chemicals and water technologies.

2.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 section II, paragraph 4, sub-paragraph c of the Commission Notice on a simplified procedure for

treatment of certain concentrations under Council Regulation (EEC) No 4064/892.

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

2OJ C 217, 29.07.2000, p. 32.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

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)

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