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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 03/08/2011

In electronic form on the EUR-Lex website under document number 32011M6273

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 3.8.2011 C(2011) 5741 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

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

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

1On 05/07/2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Samsung C&T Deutschland GmbH, controlled by Samsung C&T Corporation ("Samsung C&T", Republic of Korea) and Components and Materials M&A Private Equity Fund ("CMMPEF", Republic of Korea), controlled by Korea Development Bank acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of KNS Solar S.a.r.l ("KNS Solar", Luxembourg) by way of purchase of shares.

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 208 14/07/2011, p.24

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

2. The business activities of the undertakings concerned are:

-- for Samsung C&T Deutschland: a holding company for Samsung C&T Corporation's European subsidiaries which are active in trading and investment;

-- for CMMPEF: investment in renewable energy.

33. 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.

44. 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 56, 5.3.2005, p. 32.

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