# C_2009147EN.01002801.xml

| 27.6.2009 | EN | Official Journal of the European Union | C 147/28 |
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27.6.2009

EN

Official Journal of the European Union

C 147/28

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Prior notification of a concentration

(Case COMP/M.5562 — Fortis Private Equity/Kuiken)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 147/17

| 1. | On 22 June 2009, 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 Fortis Private Equity Holding Nederland B.V. (‘Fortis Private Equity’, The Netherlands) controlled by Fortis Bank Nederland N.V. (‘Fortis Bank Nederland’, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Kuiken N.V. (‘Kuiken’, The Netherlands) by way of purchase of shares. |
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1.

On 22 June 2009, 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 Fortis Private Equity Holding Nederland B.V. (‘Fortis Private Equity’, The Netherlands) controlled by Fortis Bank Nederland N.V. (‘Fortis Bank Nederland’, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Kuiken N.V. (‘Kuiken’, The Netherlands) by way of purchase of shares.

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






  — | for Fortis Bank Nederland: a banking group active in retail banking, merchant banking and private banking, |
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2.

The business activities of the undertakings concerned are:

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for Fortis Bank Nederland: a banking group active in retail banking, merchant banking and private banking,

| — | for Fortis Private Equity: a subsidiary of Fortis Bank Nederland active in private equity investments in medium-sized companies in The Netherlands, |
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for Fortis Private Equity: a subsidiary of Fortis Bank Nederland active in private equity investments in medium-sized companies in The Netherlands,

| — | for Kuiken: a holding group of companies active in distribution of heavy equipment used in construction, material handling and agriculture. |
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for Kuiken: a holding group of companies active in distribution of heavy equipment used in construction, material handling and agriculture.

| 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 (+32 2 2964301 or 2967244) or by post, under reference number COMP/M.5562 — Fortis Private Equity/Kuiken to the following address:





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

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 (+32 2 2964301 or 2967244) or by post, under reference number COMP/M.5562 — Fortis Private Equity/Kuiken to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 56, 5.3.2005, p. 32.

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