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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 26/03/2009

In electronic form on the EUR-Lex website under document number 32009M5486

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.03.2009 SG-Greffe(2009) D/1863/1864 C(2009)2367

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b)

SIMPLIFIED PROCEDURE

To the notifying parties:

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

Subject: Case No COMP/M.5486 – VODAFONE/ HUTCHISON WHAMPOA/ JV Notification of 26.02.2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 53, 06.03.2009 p.8

1.On 26.02.2009, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Vodafone Australia Limited ("VAL", Australia) belonging to the group Vodafone Group Plc ("Vodafone", UK) enters into a full merger within the meaning of Article 3(1)(a) of the Council Regulation with the undertaking Hutchison 3G Australia Limited ("H3GA", Australia) belonging to the group Hutchison Whampoa Limited ("HWL", Hong Kong). The new entity (the "JV", Australia) will be jointly controlled by Vodafone and HWL.

The business activities of the undertakings concerned are:

-– for Vodafone: provision of mobile and fixed voice and data communications services globally.

-– for HWL: telecommunications; ports and related services; retail; property and hotels; energy, infrastructure, finance and investments and others, throughout the world.

-– for JV: 2G and 3G mobile network operator, providing mobile voice and data services.

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.

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(a) 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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