# C_2005224EN.01000201.xml

| 13.9.2005 | EN | Official Journal of the European Union | C 224/2 |
| --- | --- | --- | --- |

13.9.2005

EN

Official Journal of the European Union

C 224/2

---

Prior notification of a concentration

(Case COMP/M.3961 — Permira-KKR/SBS Broadcasting)

Candidate case for simplified procedure

(2005/C 224/02)

(Text with EEA relevance)

| 1. | On 2 September 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 PKS Media S.à r.l. (‘PKS’, Luxembourg), jointly controlled by Permira Holdings Limited (‘Permira’, Guernsey) and Kohlberg Kravis Roberts & Co. L.P. (‘KKR’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking SBS Broadcasting SA (‘SBS’, Luxembourg) by way of purchase of shares and assets. |
| --- | --- |

1.

On 2 September 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 PKS Media S.à r.l. (‘PKS’, Luxembourg), jointly controlled by Permira Holdings Limited (‘Permira’, Guernsey) and Kohlberg Kravis Roberts & Co. L.P. (‘KKR’, USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking SBS Broadcasting SA (‘SBS’, Luxembourg) by way of purchase of shares and assets.

1

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






  — | for PKS: specially created acquisition vehicle; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for PKS: specially created acquisition vehicle;

| — | for Permira: private equity fund; |
| --- | --- |

—

for Permira: private equity fund;

| — | for KKR: private equity investment company; |
| --- | --- |

—

for KKR: private equity investment company;

| — | for SBS: free-to-air and pay television, radio broadcasting and publication of TV and radio guides. |
| --- | --- |

—

for SBS: free-to-air and pay television, radio broadcasting and publication of TV and radio guides.

| 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. |
| --- | --- |

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.

2

| 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.3961 — Permira-KKR/SBS Broadcasting, to the following address:





  European Commission |
| --- | --- |
| 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.3961 — Permira-KKR/SBS Broadcasting, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

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

1

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

2

---