# C_2011215EN.01003201.xml

| 21.7.2011 | EN | Official Journal of the European Union | C 215/32 |
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21.7.2011

EN

Official Journal of the European Union

C 215/32

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Prior notification of a concentration

(Case COMP/M.6295 — CVC/Ande/Delachaux)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 215/14

| 1. | On 12 July 2011, 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(s) CVC Capital Partners SICAV-FIS SA (Luxemburg) and Ande Investissements SA (Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Delachaux SA (France) by way of purchase of shares. |
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1.

On 12 July 2011, 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(s) CVC Capital Partners SICAV-FIS SA (Luxemburg) and Ande Investissements SA (Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Delachaux SA (France) by way of purchase of shares.

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






  — | for undertaking CVC Capital Partners SICAV-FIS: providing investment advice to and/or managing investments on behalf of investment funds (the ‘CVC Funds’). The CVC Funds hold controlling interests in a number of companies in various industries including chemicals, utilities, manufacturing, retailing and distribution, primarily in Europe and the Asia-Pacific region, |
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2.

The business activities of the undertakings concerned are:

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for undertaking CVC Capital Partners SICAV-FIS: providing investment advice to and/or managing investments on behalf of investment funds (the ‘CVC Funds’). The CVC Funds hold controlling interests in a number of companies in various industries including chemicals, utilities, manufacturing, retailing and distribution, primarily in Europe and the Asia-Pacific region,

| — | for undertaking Ande Investissements SA: shareholding acquisitions, administration, management and development. Currently, Ande mainly holds and manages the André Delachaux family's shareholdings in the Delachaux group, |
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for undertaking Ande Investissements SA: shareholding acquisitions, administration, management and development. Currently, Ande mainly holds and manages the André Delachaux family's shareholdings in the Delachaux group,

| — | for undertaking Delachaux SA: manufacture and production of rail fastening and welding systems, electric power and data transmission systems, magnetics, cabling and chrome metal. |
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for undertaking Delachaux SA: manufacture and production of rail fastening and welding systems, electric power and data transmission systems, magnetics, cabling and chrome metal.

| 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.6295 — CVC/Ande/Delachaux, 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.6295 — CVC/Ande/Delachaux, 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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