# C_2005136EN.01003501.xml

| 3.6.2005 | EN | Official Journal of the European Union | C 136/35 |
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3.6.2005

EN

Official Journal of the European Union

C 136/35

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Prior notification of a concentration

(Case COMP/M. 3826 — Trimoteur/Fortis/NIBCapital/Sandd)

Candidate case for simplified procedure

(2005/C 136/15)

(Text with EEA relevance)

| 1. | On 17 May 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 Fortis Private Equity Holding Nederland B.V., controlled by Fortis Bank Nederland (Holding) B.V. (‘Fortis’, The Netherlands) and NIBCapital Principal Investments B.V., controlled by NIBCapital Bank N.V. (‘NIBCapital’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Sandd B.V. (‘Sandd’, The Netherlands) along with Trimoteur Distribution Services B.V. (‘Trimoteur’, The Netherlands) by way of purchase of shares. Currently Sandd is solely controlled by Trimoteur. |
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1.

On 17 May 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 Fortis Private Equity Holding Nederland B.V., controlled by Fortis Bank Nederland (Holding) B.V. (‘Fortis’, The Netherlands) and NIBCapital Principal Investments B.V., controlled by NIBCapital Bank N.V. (‘NIBCapital’, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Sandd B.V. (‘Sandd’, The Netherlands) along with Trimoteur Distribution Services B.V. (‘Trimoteur’, The Netherlands) by way of purchase of shares. Currently Sandd is solely controlled by Trimoteur.

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






  — | for undertaking Fortis: private equity investment, |
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2.

The business activities of the undertakings concerned are:

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for undertaking Fortis: private equity investment,

| — | for undertaking NIBCapital: private equity investment, |
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for undertaking NIBCapital: private equity investment,

| — | for undertaking Trimoteur: investment, restructuring and management of enterprises, |
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for undertaking Trimoteur: investment, restructuring and management of enterprises,

| — | for undertaking Sandd: postal (mail) delivery. |
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for undertaking Sandd: postal (mail) delivery.

| 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 (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. |
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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 (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.

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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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 3826 — Trimoteur/Fortis/NIB CApital/Sandd, 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 3826 — Trimoteur/Fortis/NIB CApital/Sandd, 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 56, 05.3.2005 p. 32

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