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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 02/03/2009

In electronic form on the EUR-Lex website under document number 32009M5438

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.03.2009 SG-Greffe(2009) D/1284 C(2009) 1552

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

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

1.On 27.01.2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings NBC Universal ('NBC', USA) controlled by General Electric ('GE', USA), De Agostini Communications ('DeAC', Luxemburg) controlled by De Agostini S.p.A. ('DeA', Italy), and IMI Investimenti S.p.A. ('IMI', Italy) controlled by IntesaSanpaolo S.p.A. ('IntesaSanpaolo', Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cattleya S.p.A. ('Cattleya', Italy) by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for NBC Universal: development, production and marketing of entertainment, news and information content;

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.

-- for DeAC: film distribution and audiovisual content production;

-- for IMI: equity investments through both own and collective funds;

-- for Cattleya: film and TV production in Italy.

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 (c) 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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