# C_2005239EN.01000201.xml

| 29.9.2005 | EN | Official Journal of the European Union | C 239/2 |
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29.9.2005

EN

Official Journal of the European Union

C 239/2

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Prior notification of a concentration

(Case COMP/M.3935 — Jefferson Smurfit/Kappa)

(2005/C 239/02)

(Text with EEA relevance)

| 1. | On 19 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 Jefferson Smurfit Group (‘JSG’, Ireland) controlled by Madison Dearborn Partners (‘MDP’, US) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Kappa Holding B.V. (‘Kappa’, Netherlands), controlled by CVC Capital Partners Limited (‘CVC’, US) and Cinven Limited (‘Cinven’, UK), by way of purchase of shares. |
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1.

On 19 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 Jefferson Smurfit Group (‘JSG’, Ireland) controlled by Madison Dearborn Partners (‘MDP’, US) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Kappa Holding B.V. (‘Kappa’, Netherlands), controlled by CVC Capital Partners Limited (‘CVC’, US) and Cinven Limited (‘Cinven’, UK), by way of purchase of shares.

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






  — | for undertaking JSG: manufacturing and sale of corrugated case materials, sheets, and cases and the recovery of recycled wastepaper; |
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2.

The business activities of the undertakings concerned are:

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for undertaking JSG: manufacturing and sale of corrugated case materials, sheets, and cases and the recovery of recycled wastepaper;

| — | for undertaking Kappa: manufacturing and sale of corrugated case materials, corrugated and solid board sheets, corrugated and solid board cases and graphic and specialty board and the recovery of recycled wastepaper; |
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for undertaking Kappa: manufacturing and sale of corrugated case materials, corrugated and solid board sheets, corrugated and solid board cases and graphic and specialty board and the recovery of recycled wastepaper;

| — | for undertaking MDP: private equity fund based in the USA. |
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for undertaking MDP: private equity fund based in the USA.

| 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. |
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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.

| 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.3935 — Jefferson Smurfit/Kappa, 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.3935 — Jefferson Smurfit/Kappa, 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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