Commission Decision of 23/06/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4230 - KPN / HEINEKEN / ON) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 23.06.2006 SG-Greffe(2006) D/203266/203267 To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.4230 – KPN/Heineken/ON Notification of 16.05.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 126 of 30/05/2006 page 6 — Candidate case for simplified procedure 1.
On 16.05.2006 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004, by which Koninklijke KPN N.V. (KPN, Netherlands), and Heineken International B.V. (Heineken, Netherlands) acquire, within the meaning of Article 3(1) (b) of the Council Regulation, joint control of ON (“ON”, Netherlands) by way of purchase of shares. 2. The business activities of the undertakings concerned are: - for KPN: provision of telephone and internet services and digital terrestrial services television services; - for Heineken: production, distribution and sale of beer and other beverages; - for ON exploitation of interactive, “on premise” TV, based on narrowcasting technology, in out of home environments.
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 ( a) 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) Philip LOWE Director General [1] OJ L 24, 29.1.2004 p. 1 [2] OJ C 56, 05.3.2005 p.32 --------------------------------------------------