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Case No COMP/M.5208 - BILFINGER BERGER / M+W ZANDER FM

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 27/06/2008

In electronic form on the EUR-Lex website under document number 32008M5208

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27/06/2008

SG-Greffe(2008) D/204295

C(2008)3364

PUBLIC VERISON

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

Dear Madam, Dear Sir,

Subject: Case No. COMP/M.5208 - BILFINGER BERGER/ M+W ZANDER FM Notification of 28.05.2008 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C141 of 7 June 2008, p.32

1.On 28 May 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004, by which the undertaking Bilfinger Berger AG (ëBilfinger Bergerí, Germany) through its subsidiary Bilfinger Berger Facility Services GmbH acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking M+W Zander D.I.B. Facility Management GmbH (ëM+W Zander FMí, Germany) by way of purchase of shares.

The business activities of the undertakings concerned are:

-ó for Bilfinger Berger: construction engineering, construction on and below the surface nationally and abroad, private exploitation models and services (especially services for industry, power plants and real estate, such as Facility Management),

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.

-ó for M+W Zander FM: facility management services.

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 5c 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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