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Case No COMP/M.6309 - MACQUARIE GROUP/ AIRWAVE SOLUTIONS

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 18/08/2011

In electronic form on the EUR-Lex website under document number 32011M6309

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 18/08/2011 C(2011)6060

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party

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

Subject: Case No COMP/M.6309 - MACQUARIE GROUP/ AIRWAVE SOLUTIONS

11 Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1. On 13.07.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking MEIF II Luxembourg Holdings S.à.r.l. ("MEIF II", Luxembourg) controlled by Macquarie Group Limited ("Macquarie Group", Australia) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Airwave Solutions Limited ("Airwave", UK) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

-- for MEIF II and Macquarie Group: banking, financial, advisory, investment and funds management services;

-- for Airwave: mobile information communications technology.

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

1 OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

2 Publication in the Official Journal of the European Union No C 212, 19.07.2011, p.13

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

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (signed) Alexander ITALIANER Director General

3 OJ C 56, 5.3.2005, p. 32.

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