# C_2007108EN.01003501.xml

| 12.5.2007 | EN | Official Journal of the European Union | C 108/35 |
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12.5.2007

EN

Official Journal of the European Union

C 108/35

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Prior notification of a concentration

(Case COMP/M.4633 — AREP LP/Lear)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 108/11)

| 1. | On 27 April 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking American Real Estate Partners, L.P., (‘AREP LP’, USA), ultimately controlled by Mr Carl Icahn, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Lear Corporation (USA) by way of purchase of shares. |
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1.

On 27 April 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking American Real Estate Partners, L.P., (‘AREP LP’, USA), ultimately controlled by Mr Carl Icahn, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Lear Corporation (USA) by way of purchase of shares.

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






  — | for Mr Icahn: interests in investment entities and diverse companies including real estate, telecommunication, textile, railcar leasing and industrial and environmental services; |
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2.

The business activities of the undertakings concerned are:

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for Mr Icahn: interests in investment entities and diverse companies including real estate, telecommunication, textile, railcar leasing and industrial and environmental services;

| — | for AREP LP: diversified holding company with interests including gaming, real estate and home fashion; |
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for AREP LP: diversified holding company with interests including gaming, real estate and home fashion;

| — | for Lear Corporation: supplier of seat systems, electronic products and electrical distribution systems and other interior products to the automotive industry. |
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for Lear Corporation: supplier of seat systems, electronic products and electrical distribution systems and other interior products to the automotive industry.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4633 — AREP LP/Lear, 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4633 — AREP LP/Lear, 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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