# C_2012297EN.01000701.xml

| 3.10.2012 | EN | Official Journal of the European Union | C 297/7 |
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3.10.2012

EN

Official Journal of the European Union

C 297/7

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Prior notification of a concentration

(Case COMP/M.6727 — Carlyle/DuPont Performance Coatings Business)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 297/07

| 1. | On 25 September 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 undertaking Flash Bermuda Co. Ltd (Bermuda), an acquisition vehicle owned and controlled by funds managed by The Carlyle Group (‘Carlyle’, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of DuPont Performance Coatings (‘DPC’, USA), a business unit of E. I. du Pont de Nemours and Company, by way of purchase of shares. |
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1.

On 25 September 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 undertaking Flash Bermuda Co. Ltd (Bermuda), an acquisition vehicle owned and controlled by funds managed by The Carlyle Group (‘Carlyle’, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of DuPont Performance Coatings (‘DPC’, USA), a business unit of E. I. du Pont de Nemours and Company, by way of purchase of shares.

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






  — | for Carlyle: global alternative asset management, |
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2.

The business activities of the undertakings concerned are:

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for Carlyle: global alternative asset management,

| — | for DPC: manufacture and sale of liquid and powder coatings. |
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for DPC: manufacture and sale of liquid and powder coatings.

| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6727 — Carlyle/DuPont Performance Coatings Business, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6727 — Carlyle/DuPont Performance Coatings Business, 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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