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Case No COMP/M.2927 - MACQUARIE AIRPORTS LUXEMBOURG / AEROPORTI DI ROMA

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 20/09/2002

Also available in the CELEX database Document No 302M2927

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.09.2002

SG (2002) D/231688-213692

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

Notifying parties :

Via the legal representative :

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

Notification of 19.08.2002 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 Publication in the Official Journal of the European Communities No. C 203 DU of 27.08.2002.

1.On 19.08.2002, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings Macquarie Airports ("MALSA") [Luxembourg] controlled by the Macquarie Group, and Compagnia Italpetroli S.P.A ("Italpetroli") [Italy], Falck S.p.A ("Falck")[Italy], Gemina S.p.A ("Gemina") [Italy] and Impregilo S.p.A ("Impregilo") [Italy] acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Aeroporti di Roma S.p.A,, by way of purchase of shares.

The business activities of the undertakings concerned are:

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- Macquarie Airports (MALSA): vehicle company

-- Macquarie Group: Banking group based in Australia with activities such as investment banking, financial advisory and leasing activities

-- Italpetroli: Active in the storage, transport and commercialisation of oil products used by power planst, transport and heating

-- Falck: production and commercialisation of steel and activities in energy

-- Gemina: provision of helicopter rescue and fire fighting services and agriculture tourism

-- Impregilo: construction company

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph b, of the Commission Notice on a simplified procedure for treatment of

certain concentrations under Council Regulation (EEC) No 4064/892.

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 (EEC) No. 4064/89.

For the Commission Mario MONTI Member of the Commission [signed]

2OJ C 217, 29.07.2000, p. 32.

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