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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 29/04/2014

In electronic form on the EUR-Lex website under document number 32014M7200

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 29/04/2014 C(2014) 2955

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party:

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

Subject: Case M.7200 – Lenovo/IBM x86 server business Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 28 March 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Lenovo Group Limited ("Lenovo", Hong Kong) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of part of the undertaking International Business Machines Corporation ("IBM", United States of America) by way of purchase of assets. The part of IBM that Lenovo Group Limited proposes to acquire is the x86 server business and related networking assets.

The business activities of the undertakings concerned are:

-- for Lenovo: development, manufacturing and marketing of desktop and notebook PCs, workstations, servers, storage drives and IT management software;

-- for IBM's x86 server business: development, manufacturing, marketing and service of IBM's range of x86 servers and related products;

1OJ 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.

2Publication in the Official Journal of the European Union No C 101, 05.04.2014, p. 6.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

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

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

3OJ C 366, 14.12.2013, p. 5.