# C_2010298EN.01001201.xml

| 4.11.2010 | EN | Official Journal of the European Union | C 298/12 |
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4.11.2010

EN

Official Journal of the European Union

C 298/12

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Prior notification of a concentration

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

(Text with EEA relevance)

2010/C 298/10

| 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 BV (‘DSP’, the Netherlands), a subsidiary of the Royal DSM NV, by way of purchase of shares and assets. |
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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 BV (‘DSP’, the Netherlands), a subsidiary of the Royal DSM NV, by way of purchase of shares and assets.

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| 2. | This notification was declared incomplete on 26 August 2010. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of the Merger Regulation on 26 October 2010. |
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2.

This notification was declared incomplete on 26 August 2010. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of the Merger Regulation on 26 October 2010.

| 3. | The business activities of the undertakings concerned are:
  —   for Sun Capital Partners Fund: private equity investments,
  —   for DSP: production of fine chemicals, industrial intermediates and food additives. |
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3.

The business activities of the undertakings concerned are:

—   for Sun Capital Partners Fund: private equity investments,

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

| 4. | On preliminary examination, the European Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
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4.

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

| 5. | The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
  Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by email 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 |

5.

The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.

Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by email 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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