# C_2006290EN.01003101.xml

| 29.11.2006 | EN | Official Journal of the European Union | C 290/31 |
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29.11.2006

EN

Official Journal of the European Union

C 290/31

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Prior notification of a concentration

(Case COMP/M.4474 — BC Partners/Techem)

Candidate case for simplified procedure

(2006/C 290/09)

(Text with EEA relevance)

| 1. | On 22 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CIE Management II Limited (‘CIEM’, Guenersey), general partner and manager of BC European Capital VIII (‘BC’, Guenersey), acquires control within the meaning of Article 3(1)(b) of the Council Regulation of the whole of Techem AG (‘TECHEM’, Germany), a German public listed company, by means of a public takeover bid addressed to Techem's shareholders, announced on 22 November 2006. |
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1.

On 22 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking CIE Management II Limited (‘CIEM’, Guenersey), general partner and manager of BC European Capital VIII (‘BC’, Guenersey), acquires control within the meaning of Article 3(1)(b) of the Council Regulation of the whole of Techem AG (‘TECHEM’, Germany), a German public listed company, by means of a public takeover bid addressed to Techem's shareholders, announced on 22 November 2006.

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| 2. | The business activities of the undertakings concerned are:






  — | for CIEM: general partner and manager acting for BC; |
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2.

The business activities of the undertakings concerned are:

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for CIEM: general partner and manager acting for BC;

| — | for BC: private equity fund; |
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for BC: private equity fund;

| — | for TECHEM: sub-metering of utilities consumption and the market for energy contracting. |
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for TECHEM: sub-metering of utilities consumption and the market for energy contracting.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax (32-2) 296 43 01 or 296 72 44) or by post, under reference number Case COMP/M.4474 — BC Partners/Techem, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax (32-2) 296 43 01 or 296 72 44) or by post, under reference number Case COMP/M.4474 — BC Partners/Techem, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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