do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3651 — APAX/CINVEN/CBR) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-11-26
Institutions: European Commission
Subjects: clothing industry, economic concentration, merger control

26.11.2004

EN

Official Journal of the European Union

C 289/5

Prior notification of a concentration

(Case COMP/M.3651 — APAX/CINVEN/CBR)

Candidate case for simplified procedure

(2004/C 289/05)

(Text with EEA relevance)

1.
On 18 November 2004, 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 Apax Europe
V, an investment fund controlled by The Hirzell Trust (‘Apax’, Channel Islands) and Cinven Ltd. (‘Cinven’,
UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertak-
ings CBR Holding GmbH Co. KG, Street One GmbH Co. KG, Cecil GmbH Co. KG, One Touch GmbH Co.
KG, CBR Companies GmbH Co. KG, Street One Markenrecht GmbH Co. KG, Cecil Markenrecht GmbH Co.
KG and One Touch Markenrecht GmbH Co. KG (‘CBR Group’, Germany) by way of purchase of shares by
Apax from Cinven.

2.

The business activities of the undertakings concerned are:

— for Apax: financial investment,

— for Cinven : financial investment,

— for CBR Group: design and wholesale distribution of women's apparel.

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.

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

4.
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 (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3651 — APAX/CINVEN/CBR, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.
Prior notification of a concentration (Case COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-11-26
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry

C 289/6

EN

Official Journal of the European Union

26.11.2004

Prior notification of a concentration

(Case COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV)

Candidate case for simplified procedure

(2004/C 289/06)

(Text with EEA relevance)

1.
On 18 November 2004, 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 Bergé Auto-
mation S.L. (‘BA’, Spain), Isuzu Motors Ltd (‘Isuzu’, Japan), and Mitsubishi Corporation (‘Mitsubishi’, Japan)
acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking
Distribuidora de Vehículos Isuzu Iberica S.A. (‘Isuzu Spain’, Spain) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for BA: wholesale and retail distribution of motor vehicles,

— for Isuzu: manufacture of automobiles,

— for Mitsubishi: general worldwide trading company,

— for Isuzu Spain: distribution of automobiles and spare parts.

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.

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

4.
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 (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3634 — Isuzu/Bergé/Mitsubishi/JV, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.
Corrigendum to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004)
Date: 2004-11-26
Institutions: Council of the European Union, European Parliament
Subjects: award of contract, public contract, services contract, supplies contract, works contract

L 351/44

EN

Official Journal of the European Union

26.11.2004

CORRIGENDA

Corrigendum to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the
coordination of procedures for the award of public works contracts, public supply contracts and public service
contracts

(Official Journal of the European Union L 134 of 30 April 2004)

On page 146, Article 48(4):

Under the same conditions a group of economic operators as referred to Article 4 may rely on the abilities

for:

read:

‘4.
of participants in the group or in other entities.’,
‘4.
abilities of participants in the group or of other entities.’;

Under the same conditions a group of economic operators as referred to in Article 4 may rely on the

on page 176, Annex III, under ‘X — NETHERLANDS, Bodies’, heading: ‘Ministry of Economic Affairs’, insert the following
entry as the last indent:
‘— Centraal Bureau voor de Statistiek (CBS) (Central Bureau of Statistics)’;

and on page 193, Annex IV, under ‘NETHERLANDS’, heading: ‘Ministerie van Economische Zaken (Ministry of Economic
Affairs)’, delete the following entry in the second indent:
‘— Centraal Bureau voor de Statistiek (CBS) (Netherlands Central Bureau of Statistics)’.
Final report of the Hearing Officer in Case COMP/C.37.773 — Monochloroacetic Acid (MCAA) (pursuant to Article 15 of Commission Decision (2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21 )
Date: 2004-11-26
Institutions: European Commission
Subjects: audit, economic concentration, merger control, organic acid, restriction on competition

C 303/10

EN

Official Journal of the European Union

13.12.2006

Final report of the Hearing Officer in Case COMP/C.37.773 — Monochloroacetic Acid (MCAA)

(pursuant to Article 15 of Commission Decision (2001/462/EC, ECSC of 23 May 2001 on the terms of reference
of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2006/C 303/09)

The draft decision in the abovementioned case gives rise to the following observations:

The Commission's investigation of a potential infringement of Article 81(1) of the EC Treaty and Article
53(1) of the EEA Treaty in the MCAA industry was initiated following an application for leniency
submitted further to the Commission's 1996 Notice on Non-imposition or reduction of Fines in Cartel
Cases (‘Leniency Notice’).

A Statement of Objections (‘SO’) was sent on 7 April 2004 to twelve parties considered on a preliminary
basis to have participated in the cartel, namely;

— Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel Functional Chemicals BV, Akzo Nobel Chemi-

cals BV, Akzo Nobel AB, Eka Chemicals AB, Akzo Nobel Base Chemicals AB. (‘Akzo Nobel’)

— Clariant GmbH, Clariant AG (‘Clariant’)

— Elf Aquitaine SA, Atofina SA and

— Hoechst AG (‘Hoechst’)

Access to the file was provided by CD-ROM.

An extension of the deadline to reply to the SO was granted to a number of companies (Akzo Nobel, Clar-
iant, Elf Aquitaine SA and Atofina SA). They all replied, within the time limit provided.

Hoechst was initially served with an incomplete version of the SO. A corrected version was sent subse-
quently. Accordingly, Hoechst was granted a further extension of the deadline to reply and did so, within
the time limit provided, on 23 July 2004.

By letters of 22 June and 28 July 2004, Hoechst requested access to the reply by Clariant to the SO.
Hoechst was informed that other parties' responses to the SO are not part of the investigation file to which
access is generally granted. Access to other parties' replies is required only to the extent that they contain
information that the Commission intends to make use of in the final decision. This has not occurred in the
present case.

All parties except for Elf Aquitaine SA and Hoechst participated in an oral hearing that took place on 10
September 2003.

The draft decision submitted to the Commission only contains objections in respect of which the parties
have been afforded the opportunity of making known their views.

In the light of the above, I consider that the rights of the parties to be heard have been respected in this
case

Brussels, 9 December 2004

Serge DURANDE
Prior notification of a concentration (Case COMP/M.3605 — Sovion/HMG)Text with EEA relevance
Date: 2004-11-26
Institutions: European Commission
Subjects: economic concentration, meat processing industry, merger control

C 289/4

EN

Official Journal of the European Union

26.11.2004

Prior notification of a concentration

(Case COMP/M.3605 — Sovion/HMG)

(2004/C 289/04)

(Text with EEA relevance)

1.
On 18 November 2004, 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 Sovion
(‘Sovion’, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control
of the whole of the undertaking Hendrix Meat Group (‘HMG’, The Netherlands) by way of purchase of
shares

2.

The business activities of the undertakings concerned are:

— for Sovion: slaughter of pigs and cattle, production and sale of meat products, processing of abattoir

by-products and production and sales of products made from abattoir by-products,

— for HMG: slaughter of pigs and processing, production and sales of meat products.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

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

4.
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 (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3605 — Sovion/HMG, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case COMP/M.3446 — UNIQA/MANNHEIMER)Text with EEA relevance
Date: 2004-11-26
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control

26.11.2004

EN

Official Journal of the European Union

C 289/13

Non-opposition to a notified concentration

(Case COMP/M.3446 — UNIQA/MANNHEIMER)

(2004/C 289/09)

(Text with EEA relevance)

On 28 June 2004, the Commission decided not to oppose the above notified concentration and to declare
it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation
(EC) No 139/2004. The full text of the decision is available only in German and will be made public after
it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of
charge. This web site provides various facilities to help locate individual merger decisions, including
company, case number, date and sectoral indexes,

— in electronic form in the ‘CDE’ version of the CELEX database, under document number 32004M3446.
CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/
celex)
Commission Regulation (EC) No 2038/2004 of 26 November 2004 fixing the maximum aid for concentrated butter for the 325th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90
Date: 2004-11-26
Institutions: European Commission
Subjects: award of contract, butter, concentrated product, farm price support

L 353/18

EN

Official Journal of the European Union

27.11.2004

COMMISSION REGULATION (EC) No 2038/2004

of 26 November 2004

fixing the maximum aid for concentrated butter for the 325th special invitation to tender opened
under the standing invitation to tender provided for in Regulation (EEC) No 429/90

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of
17 May 1999 on the common organisation of the market in
milk and milk products (1), and in particular Article 10 thereof,

Whereas:

(1)

In accordance with Commission Regulation (EEC)
No 429/90 of 20 February 1990 on the granting by
invitation to tender of an aid for concentrated butter
intended for direct consumption in the Community (2),
the intervention agencies are opening a standing invi-
tation to tender for the granting of aid for concentrated
butter. Article 6 of that Regulation provides that in the
light of the tenders received in response to each special
invitation to tender, a maximum amount of aid is to be
fixed for concentrated butter with a minimum fat
content of 96 % or a decision is to be taken to make
no award; the end-use security must be fixed accordingly.

(2)

(3)

In the light of the tenders received, the maximum aid
should be fixed at the level specified below and the end-
use security determined accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

For the 325th tender under the standing invitation to tender
opened by Regulation (EEC) No 429/90 the maximum aid and
the end-use security are fixed as follows:

— maximum aid:

— end-use security:

69 EUR/100 kg,

82 EUR/100 kg.

Article 2

This Regulation shall enter into force on 27 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 45, 21.2.1990, p. 8. Regulation as

last amended by
Commission Regulation (EC) No 921/2004 (OJ L 163, 30.4.2004,
p. 94).
Prior notification of a concentration (Case COMP/M.3612 — Henkel/Sovereign)Text with EEA relevance
Date: 2004-11-26
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control

26.11.2004

EN

Official Journal of the European Union

C 289/3

Prior notification of a concentration

(Case COMP/M.3612 — Henkel/Sovereign)

(2004/C 289/03)

(Text with EEA relevance)

1.
On 18 November 2004, 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 Henkel KGaA (‘Henkel’, Germany) acquires within the meaning of
Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Sovereign Specialty
Chemicals, Inc. (‘Sovereign’, U.S.A.).

2.

The business activities of the undertakings concerned are:

— for Henkel: production of laundry and home care products, cosmetics and toiletries, surface treatment

products and consumer, craftsmen and industrial adhesives,

— for Sovereign: production of specialty adhesives, coatings and sealants for packaging and converting,

construction and industrial applications.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

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

4.
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 (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3612 — Henkel/Sovereign, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Commission Regulation (EC) No 2039/2004 of 26 November 2004 fixing the minimum selling price for butter for the 9th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999
Date: 2004-11-26
Institutions: European Commission
Subjects: award of contract, butter, intervention price, minimum price

27.11.2004

EN

Official Journal of the European Union

L 353/19

COMMISSION REGULATION (EC) No 2039/2004

of 26 November 2004

fixing the minimum selling price for butter for the 9th individual invitation to tender issued under
the standing invitation to tender referred to in Regulation (EC) No 2771/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Article 10(c) thereof,

award, in accordance with Article 24a of Regulation (EC)
No 2771/1999.

In the light of the tenders received, a minimum selling
price should be fixed.

The Management Committee for Milk and Milk Products
has not delivered an opinion within the time limit set by
its chairman,

(3)

(4)

Whereas:

(1)

(2)

Pursuant to Article 21 of Commission Regulation (EC)
No 2771/1999 of 16 December 1999 laying down
detailed rules for the application of Council Regulation
(EC) No 1255/1999 as regards intervention on the
market
intervention agencies
have put up for sale by standing invitation to tender
certain quantities of butter held by them.

in butter and cream (2),

In the light of the tenders received in response to each
individual invitation to tender a minimum selling price
shall be fixed or a decision shall be taken to make no

HAS ADOPTED THIS REGULATION:

Article 1

For the 9th individual
invitation to tender pursuant to Regu-
lation (EC) No 2771/1999, in respect of which the time limit
for the submission of tenders expired on 23 November 2004,
the minimum selling
at
270 EUR/100 kg.

butter

price

fixed

for

is

Article 2

This Regulation shall enter into force on 27 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 1448/2004 (OJ L 267, 14.8.2004, p. 30).
Commission Regulation (EC) No 2037/2004 of 26 November 2004 fixing the minimum selling price for skimmed-milk powder for the 72th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999
Date: 2004-11-26
Institutions: European Commission
Subjects: award of contract, intervention price, minimum price, skimmed milk powder

27.11.2004

EN

Official Journal of the European Union

L 353/17

COMMISSION REGULATION (EC) No 2037/2004

of 26 November 2004

fixing the minimum selling price for skimmed-milk powder for the 72th individual invitation to
tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Article 10 thereof,

(3)

(4)

In the light of the tenders received, the minimum selling
price should be fixed at the level specified below and the
processing security determined accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

Whereas:

(1)

(2)

Pursuant to Article 26 of Commission Regulation (EC)
No 2799/1999 of 17 December 1999 laying down
for applying Council Regulation (EC)
detailed rules
No 1255/1999 as
aid for
skimmed milk and skimmed-milk powder intended for
animal
such skimmed-milk
powder (2),
intervention agencies have put up for sale
by standing invitation to tender certain quantities of
skimmed-milk powder held by them.

feed and the

the grant of

sale of

regards

According to Article 30 of the said Regulation,
in the
light of the tenders received in response to each indi-
invitation to tender a minimum selling price
vidual
shall be fixed or a decision shall be taken to make no
award. The amount of the processing security shall also
be fixed taking account of the difference between the
market price of
the
skimmed-milk
minimum selling price.

powder

and

HAS ADOPTED THIS REGULATION:

Article 1

For the 72th individual invitation to tender pursuant to Regu-
lation (EC) No 2799/1999, in respect of which the time limit
for the submission of tenders expired on 23 November 2004,
the minimum selling price and the processing security are fixed
as follows:

— minimum selling price:

— processing security:

198,24 EUR/100 kg,

35,00 EUR/100 kg.

Article 2

This Regulation shall enter into force on 27 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 340, 31.12.1999, p. 3. Regulation as last amended by Regu-

lation (EC) No 1674/2004 (OJ L 300, 25.9.2004, p. 11).