# C_2006033EN.01000401.xml

| 9.2.2006 | EN | Official Journal of the European Union | C 33/4 |
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9.2.2006

EN

Official Journal of the European Union

C 33/4

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Prior notification of a concentration

(Case COMP/M.4132 — Lehman Brothers/Heinz European Seafood)

Candidate case for simplified procedure

(2006/C 33/03)

(Text with EEA relevance)

| 1. | On 1 February 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 Lehman Brothers Merchant Banking Partners III L.P. (‘Lehman Brothers’, USA) belonging to the Lehman Brothers Group acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the European seafood business of HJ Heinz Company (‘Heinz’, USA) by way of purchase of shares and assets. |
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1.

On 1 February 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 Lehman Brothers Merchant Banking Partners III L.P. (‘Lehman Brothers’, USA) belonging to the Lehman Brothers Group acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the European seafood business of HJ Heinz Company (‘Heinz’, USA) by way of purchase of shares and assets.

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






  — | for Lehman Brothers: investment fund; |
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2.

The business activities of the undertakings concerned are:

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for Lehman Brothers: investment fund;

| — | for Heinz: fishing, processing and distributing of seafood products. |
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for Heinz: fishing, processing and distributing of seafood products.

| 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. 4132 — Lehman Brothers/Heinz European Seafood, to the following address:





  European Commission |
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| Competition DG |
| 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. 4132 — Lehman Brothers/Heinz European Seafood, to the following address:

European Commission

Competition DG

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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