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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 10/04/2007

In electronic form on the EUR-Lex website under document number 32007M4594

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10/04/2007

SG-Greffe(2007) D/202153

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.4594 – OEP / ArvinMeritor (Emissions Technologies Business) Notification of 02.03.2007 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 054, 09.03.2007, page 13

1.On 2 March 2007, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking One Equity Partners II, L.P., ('OEP', USA), ultimately controlled by JP Morgan Chase & Co., ('JPMC', USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of Emissions Technologies Business of ArvinMeritor, Inc., ('ArvinMeritor ETB', USA) by way of purchase of shares and assets.

The business activities of the undertakings concerned are:

-- OEP: private equity arm of JPMC, a leading global financial services firm;

1OJ L 24, 29.1.2004, p. 1.

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

-- ArvinMeritor ETB: supplier of exhaust systems and components for light and commercial vehicles.

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

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 Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32.

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