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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 25/09/2006

In electronic form on the EUR-Lex website under document number 32006M4182

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.09.2006

SG-Greffe(2006) D/205378

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

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

Subject: Case No. COMP/M.4182 – HÖRMANN/MN/ACP JV Notification of 21.08.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 204, dated 26.08.2006, page 34

1.On 21.08.2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings MAN Nutzfahrzeuge AG (“MN, Germany), belonging to the MAN-group (“MAN”, Germany) and Hörmann GmbH & Co. Beteiligungs KG (“Hörmann”, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Automotive Components Penzberg GmbH (“ACP”, Germany), by way of purchase of shares.

The business activities of the undertakings concerned are :

1OJ L 24, 29.1.2004 p. 1

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

-- for MN: design, manufacture and marketing of trucks, buses, components and related services;

-- for MAN : commercial vehicles, diesel engines, turbo engines, industrial services, engineering services, construction engineering;

-- for Hörmann: electrical, machine and construction engineering, radio engineering and related services;

-- for ACP: production of metal structural components for heavy trucks.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5 (b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004.

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 (EC) No. 139/2004.

For the Commission signed Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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