# C_2005111EN.01001501.xml

| 11.5.2005 | EN | Official Journal of the European Union | C 111/15 |
| --- | --- | --- | --- |

11.5.2005

EN

Official Journal of the European Union

C 111/15

---

Prior notification of a concentration

(Case COMP/M.3801 — CVC/Gilde/Bekaert Fencing)

Candidate case for simplified procedure

(2005/C 111/09)

(Text with EEA relevance)

| 1. | On 25 April 2005, 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 CVC Capital Partners Sarl (‘CVC’, Luxembourg) and Gilde Buy-Out Fund II, (‘Gilde’, Netherlands) belonging to the Rabobank Group (‘Rabobank’, Netherlands), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of the undertaking Bekaert Fencing NV (‘Bekaert’, Belgium) which is currently solely controlled by Gilde, by way purchase of shares. |
| --- | --- |

1.

On 25 April 2005, 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 CVC Capital Partners Sarl (‘CVC’, Luxembourg) and Gilde Buy-Out Fund II, (‘Gilde’, Netherlands) belonging to the Rabobank Group (‘Rabobank’, Netherlands), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of the undertaking Bekaert Fencing NV (‘Bekaert’, Belgium) which is currently solely controlled by Gilde, by way purchase of shares.

1

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






  — | for CVC: investment and management advice to investment funds, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for CVC: investment and management advice to investment funds,

| — | for Gilde: specialised investment fund, |
| --- | --- |

—

for Gilde: specialised investment fund,

| — | for Rabobank: banking and credit institution, financial services, |
| --- | --- |

—

for Rabobank: banking and credit institution, financial services,

| — | for Bekaert: manufacture and sale of steel wire-based fencing systems, wire-based industrial mesh, cable and wire. |
| --- | --- |

—

for Bekaert: manufacture and sale of steel wire-based fencing systems, wire-based industrial mesh, cable and wire.

| 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 Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

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 Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

2

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3801 — CVC/Gilde/Betafence, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3801 — CVC/Gilde/Betafence, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Brussels

---

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

1

(2)  Available on DG COMP website:

2

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---