# C_2005212EN.01000901.xml

| 31.8.2005 | EN | Official Journal of the European Union | C 212/9 |
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31.8.2005

EN

Official Journal of the European Union

C 212/9

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Prior notification of a concentration

(Case COMP/M.3962 — ML Global/BACP/N&W Global Vending)

Candidate case for simplified procedure

(2005/C 212/04)

(Text with EEA relevance)

| 1. | On 23 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 ML Global Private Equity Fund, L.P. (‘MLGPE’, Cayman Islands), belonging to Merrill Lynch & Co. Inc., and BACP Europe Fund V LP (‘BACPE Fund V’), controlled by B.A. Capital Management Ltd (Jersey), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking N&W Global Vending (‘N&W’, Italy), by way of purchase of shares in Zorro Investor S.a.r.l. (‘Zorro’), a newly created company constituting a joint venture. |
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1.

On 23 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 ML Global Private Equity Fund, L.P. (‘MLGPE’, Cayman Islands), belonging to Merrill Lynch & Co. Inc., and BACP Europe Fund V LP (‘BACPE Fund V’), controlled by B.A. Capital Management Ltd (Jersey), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking N&W Global Vending (‘N&W’, Italy), by way of purchase of shares in Zorro Investor S.a.r.l. (‘Zorro’), a newly created company constituting a joint venture.

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






  — | for MLGPE and BACPE Fund V: private equity investment, |
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2.

The business activities of the undertakings concerned are:

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for MLGPE and BACPE Fund V: private equity investment,

| — | for Zorro: acquisition vehicle, |
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for Zorro: acquisition vehicle,

| — | for N&W: manufacture and sale of dispensing vending machines for hot and cold beverages, snacks and foods. |
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for N&W: manufacture and sale of dispensing vending machines for hot and cold beverages, snacks and foods.

| 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.3962 — ML Global/BACP/N&W Global Vending, 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.3962 — ML Global/BACP/N&W Global Vending, 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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