Disclaimer :

The Competition DG makes the information provided by the notifying parties in section 1.2 of Form CO available to the public in order to increase transparency. This information has been prepared by the notifying parties under their sole responsibility, and its content in no way prejudges the view the Commission may take of the planned operation. Nor can the Commission be held responsible for any incorrect or misleading information contained therein.

COMP/M.5041 – Berkshire Hathaway/Marmon Holdings

SECTION 1.2

Description of the concentration

Pursuant to a Stock Purchase Agreement dated as of 25 December 2007 by and among Berkshire Hathaway Inc. (Berkshire Hathaway or Berkshire), Marmon Holdings, Inc. (Marmon) and substantially all of the stockholders of Marmon (the Sellers), Berkshire intends to acquire all of the outstanding capital stock of Marmon. At the initial closing Berkshire will acquire 60 per cent. of the capital stock of Marmon, with the remaining capital stock to be acquired through staged acquisitions over a five to six year period for consideration to be based on the future earnings of Marmon.

Berkshire Hathaway is a conglomerate holding company, incorporated under the laws of Delaware, USA, that oversees and manages a number of subsidiary companies and its common stock is listed on the New York Stock Exchange. Berkshire Hathaway and its subsidiaries engage in a number of diverse business activities, including property and casualty insurance and reinsurance, utilities and energy, finance, manufacturing, retailing and services.

Marmon is a conglomerate holding company, incorporated under the laws of Delaware, USA, comprising of more than 125 manufacturing and service businesses that operate independently within diverse sectors: Transportation Services & Engineered Products, including railroad tank car manufacturing and leasing and intermodal tank container leasing; Wire & Cable products serving energy related markets, residential and non-residential construction and other industries; Industrial Products, including metal fasteners, safety products and metal fabrication; Flow Products for the plumbing, HVAC/R, construction and industrial markets; Highway Technologies, including trailers and equipment for the heavy-duty highway transportation industry; Water Treatment equipment for residential, commercial and industrial applications; Retail Services, providing store fixtures, food preparation equipment and related services; Distribution Services for specialty pipe and tubing; and Construction Services, providing the leasing and operation of mobile cranes primarily to the energy, mining and petrochemical markets. Customers are primarily located throughout North America, Europe and Asia.