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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 21/11/2008

In electronic form on the EUR-Lex website under document number 32008M5368

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21/11/2008 SG-Greffe(2008) D/206986 C(2008) 7453

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.5368 - MidAMERICAN/ CONSTELLATION Notification of 23.10.2008 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 276 dated 31-10-2008, p.97.

1.1. On 23.10.2008 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which MidAmerican Energy Holdings Company ("MidAmerican", US) controlled by Berkshire Hathaway acquires within the meaning of Article 3(1)(b) of the Council Regulation control over Constellation Energy group Inc. ("Constellation", US) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for MidAmerican Energy Holdings Company ("MidAmerican", US): different energy businesses,

-- for Berkshire Hathaway: diverse range of business activities, including property and casualty insurance and reinsurance, utilities and energy, finance, manufacturing, retailing and 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 Constellation Energy group Inc. ("Constellation", US): power generation and energy supply.

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

3.3. 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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