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Case No COMP/M.3559 - FINMECCANICA / AUGUSTA-WESTLAND

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 20/09/2004

Also available in the CELEX database Document No 32004M3559

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.09.2004

SG-Greffe(2004) D/204104

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam and Sir,

Subject: Case No. COMP/M.3559 - Finmeccanica/AgustaWestland Notification of 16.08.2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 212, 24.08.2004, page 8

1.On 16.08.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Finmeccanica Societ‡ per Azioni (ìFinmeccanicaî, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of AgustaWestland N.V., (ìAgustaWestlandî, Netherlands), currently jointly controlled by Finmeccanica and GKN plc by way of purchase of shares and assets.

The business activities of the undertakings concerned are:

-- for Finmeccanica: active in the aerospace, communications, energy, transport, defense and automation sectors;

-- for AgustaWestland: active in the design, manufacture and maintenance of civil and military helicopters.

1OJ L 24, 29.1.2004 p. 1

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

3.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, subparagraph d of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004.

4.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) Mario MONTI Member of the Commission

2Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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