# C_2004170EN.01000501.xml

| 30.6.2004 | EN | Official Journal of the European Union | C 170/5 |
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30.6.2004

EN

Official Journal of the European Union

C 170/5

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Prior notification of a concentration

(Case No. COMP/M.3489 - GOLDMAN SACHS / CERBERUS / GSW Berlin)

Candidate case for simplified procedure

(2004/C 170/05)

(Text with EEA relevance)

| 1. | On 23.6.2004, 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 The Goldman Sachs Group, Inc (‘Goldman Sachs’, USA), indirectly through its company Whitehall Dutch B.V. (The Netherlands), and Cerberus Dutch B.V. (‘Cerberus Dutch’, The Netherlands), an acquisition vehicle company belonging to the Cerberus Group (USA), which is indirectly controlled by Mr. Feinberg (USA), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking GSW Gemeinnützige Siedlungs- und Wohnungsbaugesellschaft Berlin mit beschränkter Haftung (‘GSW’, Germany) by way of purchase of shares. |
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1.

On 23.6.2004, 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 The Goldman Sachs Group, Inc (‘Goldman Sachs’, USA), indirectly through its company Whitehall Dutch B.V. (The Netherlands), and Cerberus Dutch B.V. (‘Cerberus Dutch’, The Netherlands), an acquisition vehicle company belonging to the Cerberus Group (USA), which is indirectly controlled by Mr. Feinberg (USA), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking GSW Gemeinnützige Siedlungs- und Wohnungsbaugesellschaft Berlin mit beschränkter Haftung (‘GSW’, Germany) by way of purchase of shares.

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






  — | for Goldman Sachs: investment banking and securities. |
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2.

The business activities of the undertakings concerned are:

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for Goldman Sachs: investment banking and securities.

| — | for Cerberus Group: Investment in personal property. |
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for Cerberus Group: Investment in personal property.

| — | GSW: residential and commercial real state. |
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GSW: residential and commercial real state.

| 3. | On preliminary examination, the Commission finds that the notified concentration 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 (EEC) No 4064/89 (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 concentration 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 (EEC) No 4064/89 (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 (fax no. +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3489 - GOLDMAN SACHS / CERBERUS / GSW Berlin, to the following address:





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

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 (fax no. +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3489 - GOLDMAN SACHS / CERBERUS / GSW Berlin, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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(2)  OJ C 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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