# C_2012222EN.01000401.xml

| 26.7.2012 | EN | Official Journal of the European Union | C 222/4 |
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26.7.2012

EN

Official Journal of the European Union

C 222/4

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Prior notification of a concentration

(Case COMP/M.6666 — Oaktree/Marathon/Fitness First)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 222/04

| 1. | On 19 July 2012, 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 OCM Luxembourg EPF III Sarl (Luxembourg), ultimately controlled by Oaktree Capital Group Holdings GP LLC (‘Oaktree’, United States) and Marathon Asset Management LP (‘Marathon’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Fitness First (United Kingdom), by way of purchase of shares. |
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1.

On 19 July 2012, 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 OCM Luxembourg EPF III Sarl (Luxembourg), ultimately controlled by Oaktree Capital Group Holdings GP LLC (‘Oaktree’, United States) and Marathon Asset Management LP (‘Marathon’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Fitness First (United Kingdom), by way of purchase of shares.

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






  — | for Oaktree: alternative and non-traditional investment funds, |
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2.

The business activities of the undertakings concerned are:

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for Oaktree: alternative and non-traditional investment funds,

| — | for Marathon: investment funds specialising in distressed and situational investing, |
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for Marathon: investment funds specialising in distressed and situational investing,

| — | for Fitness First: operator of health and fitness clubs in Europe, the Far East and Australia. |
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for Fitness First: operator of health and fitness clubs in Europe, the Far East and Australia.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6666 — Oaktree/Marathon/Fitness First, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6666 — Oaktree/Marathon/Fitness First, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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