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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 22/11/2007

In electronic form on the EUR-Lex website under document number 32007M4936

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22/11/2007

SG-Greffe(2007) D/207149

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Sirs,

1.On 17 October 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004, by which the undertakings Benteler Automobiltechnik GmbH ("BENTELER", Germany) and SGL Technologies GmbH ("SGLT", Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control by way of purchase of shares in a newly created company, BENTELER-SGL Automotive Carbon Composites GmbH & Co. KG ("the JV"). This company constitutes a joint venture.

The business activities of the undertakings concerned are:

-- for BENTELER: development and production of automotive components, modules and systems for ride and handling, safety and emission.

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.

-- for SGLT: production of carbon fibers, aerospace and industrial composites, expanded graphite, carbon ceramic brake discs and fuel cell components.

-- for the JV: development, production and distribution of components for the automotive industry using carbon fiber reinforced plastics and carbon fiber reinforced plastics hybrid structures

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, subparagraphs (a) (i) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004.

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 Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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