# C_2013219EN.01001101.xml

| 31.7.2013 | EN | Official Journal of the European Union | C 219/11 |
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31.7.2013

EN

Official Journal of the European Union

C 219/11

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Prior notification of a concentration

(Case COMP/M.6997 — TowerBrook Capital/Metallum)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 219/08

| 1. | On 25 July 2013, 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 TowerBrook Investors III LP (Cayman Islands), controlled by TowerBrook Capital Partners LP (‘TowerBrook’, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking of Metallum Holding SA (‘Metallum’, Luxembourg) by way of purchase of shares. |
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1.

On 25 July 2013, 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 TowerBrook Investors III LP (Cayman Islands), controlled by TowerBrook Capital Partners LP (‘TowerBrook’, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking of Metallum Holding SA (‘Metallum’, Luxembourg) by way of purchase of shares.

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






  — | TowerBrook is a private equity investment firm pursuing investments in large and middle market companies in Europe and North America, |
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2.

The business activities of the undertakings concerned are:

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TowerBrook is a private equity investment firm pursuing investments in large and middle market companies in Europe and North America,

| — | Metallum primarily recycles, processes and trades non-ferrous metals and refines copper scrap to produce copper cathodes and by-products of the copper refining process. |
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Metallum primarily recycles, processes and trades non-ferrous metals and refines copper scrap to produce copper cathodes and by-products of the copper refining process.

| 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.6997 — TowerBook Capital/Metallum, 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.6997 — TowerBook Capital/Metallum, 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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