CELEX: 32010M5952
Language: en
Date: 2010-09-10 00:00:00
Title: Commission Decision of 10/09/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5952 - CPPIB / ONEX / TOMKINS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

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32010M5952

Commission Decision of 10/09/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5952 - CPPIB / ONEX / TOMKINS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

         (.PICT.) |EUROPEAN COMMISSION     |
            Brussels , 10.9.2010
             SG-Greffe(2010) D/13781/13782 
            C(2010)  6319
             PUBLIC VERSION
             MERGER PROCEDURE ARTICLE 6(1)(b) DECISION
             SIMPLIFIED PROCEDURE
             To the notifying parties
             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.5952 – CPPIB/ONEX/TOMKINS Notification of 16.08.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004  [1]  Publication in the Official Journal of the European Union No C 226, 21.08.2010 p.16
            1.  On 16.08.2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation 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.
            2.  The business activities of the undertakings concerned are:
             - for CCPIB: 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;
             - for Tomkins: manufacture and supply of a variety of products for the industrial, automotive and building products markets.
            3.  After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2]  .  
            4.  For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.
             For the European Commission,
             (signed)
             Alexander ITALIANER Director General
            [1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.
            [2] OJ C 56, 5.3.2005, p. 32.