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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 16/03/2009

In electronic form on the EUR-Lex website under document number 32009M5474

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.3.2009 SG-Greffe(2009) D/1525 & 1526 C(2009) 2029

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

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

Subject: No COMP/M.5474 - LAGARDERE/ SUMITOMO/ HFG Notification of 13/02/2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 42, 20.02.2009, p. 14.

1.On 13 February 2009, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Lagardère SCA ("Lagardère") through its subsidiary Hachette Filippacchi Press ("HFP", both of France) and Sumitomo Corporation ("Sumitomo", Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Hachette FujinGaho ("HFG", Japan) by way of purchase of shares. HFG is currently wholly owned by HFP.

The business activities of the undertakings concerned are:

-- for Lagardère: Lagardère is a worldwide media group headquartered in France and listed on the Paris Stock Exchange. Lagardère is mainly active in sectors such as book and magazine publishing; radio and TV broadcasting; film and TV production and distribution; advertising sales brokerage; website publishing; travel retail; and brokerage and management of sport-related rights.

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 HFP: HFP is a worldwide publisher of consumer magazines. HFP is also engaged in the sale of advertising space in its own titles and those of third parties.

-- for Sumitomo: Sumitomo is the ultimate parent company of the Sumitomo Corporation Group and is an integrated trading company active in various sectors such as metal products; transportation and construction systems; chemicals and electronics; media, networks and lifestyle retail; and mineral resources in Japan and around the world.

-- for HFG: HFG is currently active in the publishing of female fashion and lifestyle magazines and related printed and web publications in Japan. HFG will develop additional activities, such as distance selling of female fashion products.

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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