# C_2004240EN.01000301.xml

| 28.9.2004 | EN | Official Journal of the European Union | C 240/3 |
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28.9.2004

EN

Official Journal of the European Union

C 240/3

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Prior notification of a concentration

(Case No COMP/M.3568 — JPMP/Apollo/AMC)

Candidate case for simplified procedure

(2004/C 240/03)

(Text with EEA relevance)

| 1. | On 21 September 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 JPMP Capital Corp. (‘JPMP’, U.S.A.), belonging to the U.S.-based JPMorgan Chase Group, and the Apollo Group (‘Apollo’, U.S.A.), acquire, within the meaning of Article 3(1)(b) of the Council Regulation, joint control of the undertaking AMC Entertainment Inc. (‘AMC’, U.S.A.) by way of purchase of shares in a special purpose vehicle company constituting a joint venture. |
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1.

On 21 September 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 JPMP Capital Corp. (‘JPMP’, U.S.A.), belonging to the U.S.-based JPMorgan Chase Group, and the Apollo Group (‘Apollo’, U.S.A.), acquire, within the meaning of Article 3(1)(b) of the Council Regulation, joint control of the undertaking AMC Entertainment Inc. (‘AMC’, U.S.A.) by way of purchase of shares in a special purpose vehicle company constituting a joint venture.

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






  — | for JPMP: private equities; |
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2.

The business activities of the undertakings concerned are:

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for JPMP: private equities;

| — | for Apollo: portfolio investments; |
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for Apollo: portfolio investments;

| — | for AMC: theatrical exhibition of films. |
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for AMC: theatrical exhibition of films.

| 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) No139/2004 (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) No139/2004 (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 (fax no (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3568 — JPMP/Apollo/AMC, 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) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3568 — JPMP/Apollo/AMC, 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)  Available on DG COMP website:

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

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