# C_2010226EN.01001601.xml

| 21.8.2010 | EN | Official Journal of the European Union | C 226/16 |
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21.8.2010

EN

Official Journal of the European Union

C 226/16

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Prior notification of a concentration

(Case COMP/M.5952 — CPPIB/Onex/Tomkins)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 226/09

| 1. | On 16 August 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 undertakings Canada Pension Plan Investment Board (‘CPPIB’, Canada) and Onex Corporation (‘Onex’, Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Tomkins plc (‘Tomkins’, United Kingdom) by way of public bid. |
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1.

On 16 August 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 undertakings Canada Pension Plan Investment Board (‘CPPIB’, Canada) and Onex Corporation (‘Onex’, Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Tomkins plc (‘Tomkins’, United Kingdom) by way of public bid.

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






  — | for CPPIB: federal non-agent Canadian crown corporation and professional management organisation created by a Canadian Act of Parliament to invest on behalf of the Canada Pension Plan, |
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2.

The business activities of the undertakings concerned are:

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for CPPIB: federal non-agent Canadian crown corporation and professional management organisation created by a Canadian Act of Parliament to invest on behalf of the Canada Pension Plan,

| — | for Onex: acquisition, administration and divestment of participations in undertakings in a wide range of markets, |
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for Onex: acquisition, administration and divestment of participations in undertakings in a wide range of markets,

| — | for Tomkins: manufacture and supply of a variety of products for the industrial, automotive and building products markets. |
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for Tomkins: manufacture and supply of a variety of products for the industrial, automotive and building products markets.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5952 — CPPIB/Onex/Tomkins, 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5952 — CPPIB/Onex/Tomkins, 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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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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