Commission Decision of 16/01/2003 declaring a concentration to be compatible with the common market (Case No IV/M.2964 - GLOBAL CROSSING / HUTCHISON / ST TELEMEDIA) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 016 , 23/01/2003 P. 0006 - 0006 Commission Decision of 16/01/2003 declaring a concentration to be compatible with the common market (Case No IV/M.2964 - GLOBAL CROSSING / HUTCHISON / ST TELEMEDIA) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the Notifying Parties Dear Madam(s) and/or Sir(s), Subject:
Case No. COMP/M.2964 - Hutchinson / ST Telemedia / Global Crossing Notification of 04/12/2002 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 [1] Publication in the Official Journal of the European Communities No. C 309 on 12/12/2002, page 12 [1] OJ 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. 1. On 04.12.02 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertakings Hutchison Telecommunications Limited ("Hutchison Telecom", Hong Kong), belonging to Hutchison Whampoa Limited, and Singapore Technologies Telemedia Pte.
Ltd. ("ST Telemedia", Singapore) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Global Crossing Limited ("Global Crossing", Bermuda) by way of purchase of assets under Chapter 11 of the United States Bankruptcy Code. 2. The business activities of the undertakings concerned are: - for Hutchison Telecom: mobile telephony services (world-wide) and fixed line services (Hong Kong); - for ST Telemedia: telecommunications, data and Internet services, (mainly in Singapore) and carrier's carrier services (USA); - for Global Crossing: a variety of integrated telecommunications services to large multinational corporations and telecommunications operators.
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 [2]. [2] OJ C 217, 29.07.2000, p. 32. 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