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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 28/06/2005

In electronic form on the EUR-Lex website under document number 32005M3844

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28-06-2005

SG-Greffe(2005) D/202841

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Sirs,

Subject: Case No. COMP/M.3844 ñ IBM ITALIA / GLOBAL VALUE Notification of 31/05/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 140, 09/06/2005, page 4

1.On 31/05/2005, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking IBM Italia S.p.A. (ìIBM ITALIAî, Italy) belonging to IBM Corp. (USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Global Value S.p.A (ìGVî, Italy) and Global Value Services S.p.A. (ìGV Servicesî, Italy) by way of purchase of shares.

The business activities of the undertakings concerned are :

1OJ L 24, 29.1.2004 p. 1

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

-- for undertaking IBM ITALIA: Development, production and marketing of IT systems, equipment, computer software and services;

-- for undertakings GV and GV Services : Design and operation of IT infrastructure, development and maintenance of IT applications, IT services.

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

3.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 (EC) No. 139/2004.

For the Commission signed Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32

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