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Case No COMP/M.5166 - DANFOSS / SAUER-DANFOSS

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/07/2008

In electronic form on the EUR-Lex website under document number 32008M5166

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 4/7/2008 SG-Greffe(2008) D/204376 C(2008)3499

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

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

Subject: Case No. COMP/M.5166 - DANFOSS/ SAUER-DANFOSS Notification of 05.06.2008 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 147 of 13.06.2008, page 15

1.On 05.06.2008, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking Danfoss A/S ("Danfoss", Denmark) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Sauer-Danfoss Inc ("Sauer-Danfoss", US) by way of purchase of shares. Sauer Danfoss is currently jointly controlled by Danfoss A/S and Sauer Holding GmbH.

The business activities of the undertakings concerned are :

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.

-- for undertaking Danfoss: active in research, development and production of mechanical and electronic components and solutions for refrigeration, heating and air conditioning.

-- for undertaking Sauer-Danfoss: active in design, manufacture and sales of engineered hydraulic, electric and electronic systems and components, for use primarily in applications of mobile equipment.

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, subparagraph b 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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