# C_2006128EN.01002101.xml

| 1.6.2006 | EN | Official Journal of the European Union | C 128/21 |
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1.6.2006

EN

Official Journal of the European Union

C 128/21

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Prior notification of a concentration

(Case COMP/M.4246 — Merill Lynch/Farallon/Barceló/Playa)

Candidate case for simplified procedure

(2006/C 128/06)

(Text with EEA relevance)

| 1. | On 22 May 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 undertakings Merill Lynch L.P. Holdings, Inc (‘MLLPHI’, USA), controlled by Merill Lynch & Co., Inc., Cabana Investors B.V. (‘Farallon’, USA), part of the Farallon Group and Barceló Corporación Empresarial, S.A. (‘Barceló’, Spain), belonging to the group Barceló, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Playa Hotels & Resorts, S.L. (‘Playa’, Spain) by way of purchase of shares. |
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1.

On 22 May 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 undertakings Merill Lynch L.P. Holdings, Inc (‘MLLPHI’, USA), controlled by Merill Lynch & Co., Inc., Cabana Investors B.V. (‘Farallon’, USA), part of the Farallon Group and Barceló Corporación Empresarial, S.A. (‘Barceló’, Spain), belonging to the group Barceló, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Playa Hotels & Resorts, S.L. (‘Playa’, Spain) by way of purchase of shares.

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






  — | for MLLPHI: investment bank and advisor to corporations, governments, institutions and individuals worldwide. Management of financial assets; |
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2.

The business activities of the undertakings concerned are:

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for MLLPHI: investment bank and advisor to corporations, governments, institutions and individuals worldwide. Management of financial assets;

| — | for Farallon: management of investment funds and accounts; |
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for Farallon: management of investment funds and accounts;

| — | for Barceló: operation of hotels, mainly found in cities and holiday resorts; |
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for Barceló: operation of hotels, mainly found in cities and holiday resorts;

| — | for Playa: acquisition, development and redevelopment of all-inclusive resorts in Mexico, Central America, the Dominican Republic and other Caribbean countries. |
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for Playa: acquisition, development and redevelopment of all-inclusive resorts in Mexico, Central America, the Dominican Republic and other Caribbean countries.

| 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.4246 — Merill Lynch/Farallon/Barceló/Playa, 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.4246 — Merill Lynch/Farallon/Barceló/Playa, 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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