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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 27/09/2001

Also available in the CELEX database Document No 301M2462

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.09.2001

SG (2001) 291575-291576

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

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

Subject: Case No. COMP/M.2462 ñ Ericsson/Sony/JV Notification of 28 August 2001 pursuant to Article 4 of Council Regulation (EEC) No. 14064/89 Publication in the Official Journal of the European Communities No. C 249, 7 September 2001, p. 2.

1.On 28 August 2001, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking Telefonaktiebolaget LM Ericsson (ìEricssonî) and Sony Corporation (ìSonyî) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a new undertaking (ìthe JVî) by way of transfer of assets.

The business activities of the undertakings concerned are:

-- for undertaking Ericsson: supplier in the telecommunications and data communications industry, offering communication solutions for mobile and fixed networks, as well as mobile handsets and accessories.

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.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

-- for undertaking Sony: supplier of electronic equipment, instruments and devices for consumer and industrial markets, game consoles and software; music publishing; production and distribution of film, video and television; insurance and financial business.

-- for undertaking the JV: develop, design, manufacture, market, sell and distribute mobile handsets.

2.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 section 4(c) of the Commission Notice on a simplified procedure for administering certain concentrations (OJ C 217, 29.07.2000, p.32).

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 (EEC) No. 4064/89.

For the Commission

(signed)

Mario Monti

Member of the Commission

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