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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 29/03/2004

Also available in the CELEX database Document No 304M3386

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.03.2004

SG-Greffe(2004) D/201206

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

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

1.On 26 February 2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings Fujitsu Limited (ìFujitsuî, Japan) and Sumitomo Electric Industries, Ltd. (ìSEIî, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Fujitsu Quantum Devices Limited (ìFQDî, Japan), by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for undertaking Fujitsu: information technology and communication solutions including semiconductors;

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 undertaking SEI: power and telecommunication cable and wire used in electronic components and semiconductors;

-- for undertaking FQD: compound semiconductor devices.

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 (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

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

Mario MONTI Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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