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Case No COMP/M.2494 - DEBITEL / DEBITEL NEDERLAND

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 29/06/2001

Also available in the CELEX database Document No 301M2494

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29-06-2001 SG (2001) D/289435

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

Dear Sir,

1.On 30.05.2001, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the German undertaking Debitel AG (“DebitelAG”) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Dutch undertaking Debitel Nederland B.V. (“DebitelNL”) by way of purchase of shares. DebitelNL is at present jointly controlled by DebitelAG and Radio Holland B.V.

The business activities of the undertakings concerned are :

-- for undertaking DebitelAG : Mobile telecommunication services, fixed line telephony and internet service provider in Germany

-- for undertaking DebitelNL : Mobile telecommunication services and fixed line telephony in the Netherlands.

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.

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 paragraph 4, subparagraph (b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

3.To the extent that restrictions specified by the parties are directly related and necessary to the implementation of the concentration, these restrictions are covered pursuant to Article 6(1)(b), second subparagraph, of 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 Mario Monti Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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