# C_2010015EN.01003101.xml

| 21.1.2010 | EN | Official Journal of the European Union | C 15/31 |
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21.1.2010

EN

Official Journal of the European Union

C 15/31

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Prior notification of a concentration

(Case COMP/M.5770 — CD&R/BCA)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 15/10

| 1. | On 13 January 2010, 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 CD&R Osprey Bidco Limited (UK), a special purpose vehicle which is controlled by Clayton, Dubilier and Rice Fund VIII, L.P. (‘CD&R Fund VIII’, Cayman Islands), ultimately indirectly controlled by Clayton, Dubilier & Rice (‘CD&R’, USA) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of BCA Holdings Limited (‘BCA’, UK) by way of purchase of shares. |
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1.

On 13 January 2010, 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 CD&R Osprey Bidco Limited (UK), a special purpose vehicle which is controlled by Clayton, Dubilier and Rice Fund VIII, L.P. (‘CD&R Fund VIII’, Cayman Islands), ultimately indirectly controlled by Clayton, Dubilier & Rice (‘CD&R’, USA) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of BCA Holdings Limited (‘BCA’, UK) by way of purchase of shares.

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






  — | for CD&R: private equity investment, |
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2.

The business activities of the undertakings concerned are:

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for CD&R: private equity investment,

| — | for BCA: used vehicle remarketing services. |
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for BCA: used vehicle remarketing services.

| 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 (+32 22964301 or 22967244) or by post, under reference number COMP/M.5770 — CD&R/BCA, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 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 22964301 or 22967244) or by post, under reference number COMP/M.5770 — CD&R/BCA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

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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