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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/12/2005

In electronic form on the EUR-Lex website under document number 32005M4022

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.12.2005

SG-Greffe(2005) D/207447

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Sirs,

Subject: Case No. COMP/M.4022 ñ Belgian State/CVC/Post Danmark/De Post-La Poste Notification of 14/11/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004. Publication in the Official Journal of the European Union No. C 288, 19/11/2005, Page 11

1.On 14/11/2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the Belgian State on one hand and the undertaking Post Invest Europe S‡rl, jointly controlled by the CVC group (ìCVCî, Luxembourg) and Post Danmark A/S (ìPost Danmarkî, Denmark), on the other hand, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking De Post NV-La Poste SA, currently controlled by the Belgian State (ìDe Post-La Posteî, Belgium), by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for De Post-La Poste: Belgian universal postal services operator;

-- for CVC: private equity company;

-- for Post Danmark: incumbent postal operator in Denmark.

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 paragraphs 5 (b) and (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) Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32

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