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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 10/05/2007

In electronic form on the EUR-Lex website under document number 32007M4620

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10/05/2007

SG-Greffe(2007) D/202781

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

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

Subject: Case No. COMP/M.4620 ñ Swisscom/Fastweb Notification of 29/03/2007 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 079 on 12/04/2007 page 12

1.On 29 March 2007, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking Swisscom Italia s.r.l., belonging to the group Swisscom ("Swisscom"; Switzerland), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Fastweb S.p.A. ("Fastweb"; Italy) by way of a public bid announced on 12 March 2007.

The business activities of the undertakings concerned are:

-- for Swisscom : telecommunication (among which international carrier services), broadcasting and multimedia services;

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 Fastweb: fixed voice, broadband and IPTV 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 5 sub c 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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