Case No COMP/M.3303 - GE / VIVENDI UNIVERSAL ENTERTAINMENT

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/12/2003

Also available in the CELEX database Document No 303M3303

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19/12/2003

SG (2003) D/233840

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

Dear Madam and Sirs,

Subject: Case No. COMP/M.3303 - GE/Vivendi Universal Entertainment Notification of 21/11/2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 285 dated 28/11/2003, page 26

1.On 21/11/2003 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking General Electric Company (« GE », U.S.A.) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Vivendi Universal Entertainment LLP (« VUE, U.S.A.), currently controlled by Vivendi Universal S.A. (France), by way of purchase of shares in a newly created company constituting a joint venture.

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

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

The business activities of the undertakings concerned are :

-- for GE: diversified manufacturing, technology and services company with a variety of business units, including NBC (National Broadcasting Company).

-- for VUE: production and distribution of feature films ; operation of cable television networks ; production and distribution of television programming ; movie studio and theme park.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4 subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

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 (EEC) No. 4064/89.

For the Commission

(Signed)

Mario MONTI Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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