Commission Decision of 20/10/2005 declaring a concentration to be compatible with the common market (Case No IV/M.3964 - BERKSHIRE HATHAWAY / MEHC) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 20/10/2005 SG-Greffe(2005) D/205839 To the notifying party Dear Madam(s) and/or Sir(s), Subject : Case No. COMP/M.3964 – Berkshire Hathaway/MEHC Notification of 20/09/2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 238, 28/09/2005, page 4 1. On 20 September 2005 , the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No.
139/2004 by which the undertaking Berkshire Hathaway Inc. (“BHI”, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the MidAmerican Energy Holdings Company (“MEHC”, USA) by way of converting its Preferred Stock into common voting shares. 2. The business activities of the undertakings concerned are: - for BHI : holding company mainly active in the provision of insurance services. - for MEHC: holding company mainly active in the generation, transmission, distribution and selling of electricity and gas. 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, subparagraph b of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004[2]. 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 (EC) No. 139/2004. For the Commission, signed, Neelie KROES Member of the Commission [1] OJ L 24, 29.1.2004 p. 1 [2] OJ C 56, 05.3.2005 p.32 MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE PUBLIC VERSION