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Case No COMP/M.2507 - XCHANGE / BAE SYSTEMS / PROCUR

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 15/10/2001

Also available in the CELEX database Document No 301M2507

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.10.2001

SG (2001) D/291777

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam and Sir,

Subject: Case No. COMP/M.2507 ñ Xchange/BAE Systems/Procur Notification of 13.09.2001 pursuant to Article 4 of Council Regulation (EEC) No.

4064/891 Publication in the Official Journal of the European Communities No. C268 of 22.09.2001.

1.On 13/09/2001, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertakings Xchange B.V. (NL), belonging to the General Atlantic Partners (GAP) group (USA), and BAE Systems plc. (UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (Pro-cur). Xchange will acquire joint control through its subsidiary XUK Holdco (No.2).

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.The business activities of the undertakings concerned are :

-- for GAP:

Investments in IT, Internet and Internet-enabled businesses, human resources services.

-- for BAE Systems: Commercial and military aircraft, defence systems.

-- for the joint venture: Procurement and outsourcing services for ancillary human resources related products such as car fleet, recruitment, health care, training and stationery.

3.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 (c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under 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

(signed) Mario MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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