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Case No COMP/M.3220 - EADS / EADS TELECOM

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 22/08/2003

Also available in the CELEX database Document No 303M3220

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22/08/2003 SG (2003) D/231383

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.3220 ñ EADS/EADS Telecom Notification of 18 July 2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 Publication in the Official Journal of the European Communities No. C 179, 30 July 2003, page 5

1.On 18 July 2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking European Aeronautic Defence and Space Company EADS N.V. (ìEADSî, the Netherlands), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of EADS Telecom SAS (France) by way of acquisition of shares. EADS Telecom is currently jointly controlled by EADS and Nortel Network Limited (Canada).

The business activities of the undertakings concerned are :

-- EADS: civil and military aircraft, space activities, military systems, telecommunications and defence electronics

-- EADS Telecom: military and civil telecommunication systems and equipment.

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.

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 c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 .

4.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

Erkki LIIKANEN Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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