# C_2005201EN.01000301.xml

| 18.8.2005 | EN | Official Journal of the European Union | C 201/3 |
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18.8.2005

EN

Official Journal of the European Union

C 201/3

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Prior notification of a concentration

(Case COMP/M.3917 — Goldman Sachs et al./CMP Fonds)

Candidate case for simplified procedure

(2005/C 201/03)

(Text with EEA relevance)

| 1. | On 10 August 2005, 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 The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control together with the undertakings Bayerische Hypo- und Vereinsbank AG (‘HVB’, Germany), Gerling-Konzern Versicherungs-Beteiligungs AG (‘Gerling’, Germany) and Nobiscum Verwaltungs- und Treuhandgesellschaft mbH (‘Nobiscum’, Germany) of the undertaking CMP Fonds I GmbH (‘CMP Fonds’, Germany) by way of purchase of shares and shareholders' agreement. |
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1.

On 10 August 2005, 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 The Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control together with the undertakings Bayerische Hypo- und Vereinsbank AG (‘HVB’, Germany), Gerling-Konzern Versicherungs-Beteiligungs AG (‘Gerling’, Germany) and Nobiscum Verwaltungs- und Treuhandgesellschaft mbH (‘Nobiscum’, Germany) of the undertaking CMP Fonds I GmbH (‘CMP Fonds’, Germany) by way of purchase of shares and shareholders' agreement.

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






  — | for Goldman Sachs: global investment banking, securities and investment company; |
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2.

The business activities of the undertakings concerned are:

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for Goldman Sachs: global investment banking, securities and investment company;

| — | for HVB: banking and financial services company; |
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for HVB: banking and financial services company;

| — | for Gerling: insurance company; |
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for Gerling: insurance company;

| — | for Nobiscum: trust company for individual persons; |
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for Nobiscum: trust company for individual persons;

| — | for CMP Fonds: venture capital company. |
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for CMP Fonds: venture capital company.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3917 — Goldman Sachs et al./CMP Fonds, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3917 — Goldman Sachs et al./CMP Fonds, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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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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