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Case No COMP/M.3907 - BERTELSMANN / CHANNEL 5

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 26/08/2005

In electronic form on the EUR-Lex website under document number 32005M3907

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.08.2005

SG-Greffe(2005) D/204645

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

Dear Sir,

1.On 29.07.2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking RTL Group S.A. (ìRTLî), belonging to the Bertelsmann AG group (ìBAGî), Germany, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Channel 5 Television Group Limited (ìChannel 5î), United Kingdom, by way of purchase of shares. Channel 5 is currently jointly controlled by BAG and United Business Media Group.

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 RTL: broadcasting and media group, operating predominantly in the areas of free-access television, television production and radio broadcasting;

For BAG: publication of books and magazines, printing, direct and logistics services, book and music clubs, music, TV and radio broadcasting, content and rights and related services in the media sector;

For Channel 5: television broadcasting of free-TV, sale of advertising space, acquisition of TV broadcasting rights and operation of an internet portal.

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, subparagraphs c and d, of the Commission Notice on a simplified procedure for treatment

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

2Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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