# C_2007152EN.01001701.xml

| 6.7.2007 | EN | Official Journal of the European Union | C 152/17 |
| --- | --- | --- | --- |

6.7.2007

EN

Official Journal of the European Union

C 152/17

---

Prior notification of a concentration

(Case COMP/M.4763 — Cerberus/Torex)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 152/07)

| 1. | On 28 June 2007, 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 Promontoria Holding XIX B.V. (‘Promontoria’, The Netherlands) and Toro US Newco Corp. (‘Toro’, United States) controlled by Cerberus Group (‘Cerberus’, United Sates) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of parts of Torex Retail PLC (‘Torex’, United Kingdom) by way of purchase of shares and assets. |
| --- | --- |

1.

On 28 June 2007, 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 Promontoria Holding XIX B.V. (‘Promontoria’, The Netherlands) and Toro US Newco Corp. (‘Toro’, United States) controlled by Cerberus Group (‘Cerberus’, United Sates) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of parts of Torex Retail PLC (‘Torex’, United Kingdom) by way of purchase of shares and assets.

1

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






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

2.

The business activities of the undertakings concerned are:

—

for Cerberus: private equity fund;

| — | for Promontoria: investment company controlled by Cerberus; |
| --- | --- |

—

for Promontoria: investment company controlled by Cerberus;

| — | for Toro: investment company controlled by Cerberus; |
| --- | --- |

—

for Toro: investment company controlled by Cerberus;

| — | for Torex: provider of retail-store related software and services, primarily in the UK. |
| --- | --- |

—

for Torex: provider of retail-store related software and services, primarily in the UK.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4763 — Cerberus/Torex, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4763 — Cerberus/Torex, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussels

---

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

1

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

2

---