# C_2009045EN.01002401.xml

| 24.2.2009 | EN | Official Journal of the European Union | C 45/24 |
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24.2.2009

EN

Official Journal of the European Union

C 45/24

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Prior notification of a concentration

(Case COMP/M.5408 — Fortress/Unicredit/Torre)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 45/06)

| 1. | On 13 February 2009, 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 Fortezza RE S.ar.l. (‘Fortezza’, Luxembourg), belonging to the Fortress Investment Group LLC (‘Fortress’, USA) and Pioneer Investment Management S.G.R.p.A. (‘Pioneer’, Italy), belonging to the Unicredit Group (‘Unicredit’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Torre SGR S.p.A. (‘Torre’, Italy), which is currently controlled by Fortezza, by way of purchase of shares. |
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1.

On 13 February 2009, 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 Fortezza RE S.ar.l. (‘Fortezza’, Luxembourg), belonging to the Fortress Investment Group LLC (‘Fortress’, USA) and Pioneer Investment Management S.G.R.p.A. (‘Pioneer’, Italy), belonging to the Unicredit Group (‘Unicredit’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Torre SGR S.p.A. (‘Torre’, Italy), which is currently controlled by Fortezza, by way of purchase of shares.

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






  — | for Fortezza: acquisition, holding, management and disposal of participations and interests in Luxembourgish and foreign companies, |
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2.

The business activities of the undertakings concerned are:

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for Fortezza: acquisition, holding, management and disposal of participations and interests in Luxembourgish and foreign companies,

| — | for Fortress: a US-based global alternative investment and asset management firm, which manages capital for a diverse group of investors including pension funds, endowments and foundations, financial institutions, funds of funds and high net worth individuals, |
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for Fortress: a US-based global alternative investment and asset management firm, which manages capital for a diverse group of investors including pension funds, endowments and foundations, financial institutions, funds of funds and high net worth individuals,

| — | for Pioneer: a global investment manager, offering mainly mutual funds and hedge funds to its clients, |
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for Pioneer: a global investment manager, offering mainly mutual funds and hedge funds to its clients,

| — | for Unicredit: an international bank based in Italy. It offers a wide range of banking and financial services, including retail and corporate banking services as well as investment banking and asset management services, |
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for Unicredit: an international bank based in Italy. It offers a wide range of banking and financial services, including retail and corporate banking services as well as investment banking and asset management services,

| — | for Torre: an Italian asset management company, operating in the creation and management of real estate financial products in Italy. |
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for Torre: an Italian asset management company, operating in the creation and management of real estate financial products in Italy.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5408 — Fortress/Unicredit/Torre, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5408 — Fortress/Unicredit/Torre, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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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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