# C_2004196EN.01000601.xml

| 3.8.2004 | EN | Official Journal of the European Union | C 196/6 |
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3.8.2004

EN

Official Journal of the European Union

C 196/6

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Prior notification of a concentration

(Case No COMP/M.3540 — CERBERUS/GDX)

Candidate case for simplified procedure

(2004/C 196/03)

(Text with EEA relevance)

| 1. | On 23 July 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 undertaking GDX Holdings LLC (‘Holdings’, United-States) controlled by the Cerberus group (‘Cerberus’, Unites States) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking GDX Automotive business (‘GDX’, Unites-States), controlled by GenCorp Inc. (United-States), by way of purchase of assets. |
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1.

On 23 July 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 undertaking GDX Holdings LLC (‘Holdings’, United-States) controlled by the Cerberus group (‘Cerberus’, Unites States) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking GDX Automotive business (‘GDX’, Unites-States), controlled by GenCorp Inc. (United-States), by way of purchase of assets.

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






  — | for Holdings/Cerberus: Financial investment company, |
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2.

The business activities of the undertakings concerned are:

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for Holdings/Cerberus: Financial investment company,

| — | for GDX: manufacture of automotive components. |
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for GDX: manufacture of automotive components.

| 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 (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 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 (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. 3540 — Cerberus/GDX, 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. 3540 — Cerberus/GDX, 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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