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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 01/08/2006

In electronic form on the EUR-Lex website under document number 32006M4311

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 01.08.2006

SG-Greffe(2006) D/204392

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Sirs,

139/20041 Publication in the Official Journal of the European Communities No. C 149, 27.06.2006, page 11.

1.On 03.07.2006, the Commission received a notification of a proposed concentration pursuant to Article 4 by which Koninklijke Philips Electronics N.V. (ìPhilipsî, Netherlands) and BenQ Corporation (ìBenQî, Taiwan), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Philips & BenQ Digital Storage Corporation (ìPBDSî, Taiwan) by way of transfer of assets.

The business activities of the undertakings concerned are:

-- for Philips:

design, manufacture and sale of broad range of electronic products, including drives and media for CD and DVD

-- for BenQ:

communications and multimedia devices

-- for PBDS:

development, manufacture and sale of optical data storage drives (ODD) for personal computers

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.

3.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 by Humbert Drabbe Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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