Commission Decision of 13/03/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4072 - NEC / PHILIPS BUSINESS COMMUNICATIONS) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Competition DG Information, Communication and Media | |Brussels, 13.03.2006 SG-Greffe(2006) D/201091 To the notifying party Dear Sir, Subject: Case No. COMP/M.4072 – NEC / Philips Business Communications Notification of 07.02.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004[1]. Publication in the Official Journal of the European Communities No.
C 038, 15.02.2005, page 6. 1. On 7 February 2006, the Commission received a notification of a proposed concentration pursuant to Article 4, and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 by which NEC Corporation, (“NEC”; Japan) will acquire within the meaning of 3(1)(b) of the Council Regulation, sole control over Philips Business Communications (“PBC”; Netherlands) by way of a transfer of shares. 2. The business activities of the undertakings concerned are: - for NEC: manufacture and sale of telecommunication equipment, computers and electronic devices; - for PBC: distribution and sale of telecommunication solutions.
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[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] Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf. MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE PUBLIC VERSION