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Case No COMP/M.3449 - GLAXOSMITHKLINE / SANOFI-SYNTHELABO (ASSETS)

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 25/05/2004

Also available in the CELEX database Document No 304M3449

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.05.2004

SG-Greffe(2004) D/202171

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case n∞ COMP/M.3449-GlaxoSmithKline/Sanofi-SynthÈlabo (assets) Notification of 19.04.2004 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 111, 30.04.2004, page 2

1.On 19.04.2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking GlaxoSmithKline plc (ìGSKî, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking Sanofi-SynthÈlabo SA (ìSanofiî, France) by way of purchase of assets.

The business activities of the undertakings concerned are:

-- for GSK: Pharmaceuticals, vaccines, over-the-counter medicines and health-related consumer products;

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

- for Sanofi: Human pharmaceuticals and more specifically, two injectable anti-coagulants, namely ArixtraÆ and FraxiparineÆ, together with associated assets and rights used for the development, manufacture, sale and marketing of these products including the production facility located in Notre Dame de Bondeville (France).

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph b of the Commission Notice on a simplified procedure for treatment of

certain concentrations under Council Regulation (EEC) No 4064/893.

For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89.

For the Commission

3OJ C 217, 29.07.2000, p. 32.

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