# C_2010208EN.01000701.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 208/7 |
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31.7.2010

EN

Official Journal of the European Union

C 208/7

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Prior notification of a concentration

(Case COMP/M.5785 — Sun Capital/DSM Special Products)

(Text with EEA relevance)

2010/C 208/07

| 1. | On 23 July 2010 the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sun Capital Partners IV, LP (‘Sun Capital Partners Fund’, USA), belonging to the Sun Capital Partners group, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of DSM Special Products B.V. (‘DSP’, the Netherlands) by way of purchase of shares. At the same time, Sun Capital Partners Fund will acquire certain intellectual property rights assets from DSM IP Assets B.V. (‘DSM IP’, the Netherlands). DSP and DSM IP are wholly-owned subsidiaries of the Royal DSM N.V. (‘Royal DSM’, The Netherlands). |
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1.

On 23 July 2010 the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sun Capital Partners IV, LP (‘Sun Capital Partners Fund’, USA), belonging to the Sun Capital Partners group, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of DSM Special Products B.V. (‘DSP’, the Netherlands) by way of purchase of shares. At the same time, Sun Capital Partners Fund will acquire certain intellectual property rights assets from DSM IP Assets B.V. (‘DSM IP’, the Netherlands). DSP and DSM IP are wholly-owned subsidiaries of the Royal DSM N.V. (‘Royal DSM’, The Netherlands).

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






  — | for Sun Capital Partners Fund: private equity investments, |
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2.

The business activities of the undertakings concerned are:

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for Sun Capital Partners Fund: private equity investments,

| — | for DSP: production of fine chemicals, industrial intermediates and food additives, |
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for DSP: production of fine chemicals, industrial intermediates and food additives,

| — | for DSM IP: intellectual property rights ownership. |
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for DSM IP: intellectual property rights ownership.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5785 — Sun Capital/DSM Special Products, 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5785 — Sun Capital/DSM Special Products, 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 (the ‘EC Merger Regulation’).

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