# C_2007029EN.01001201.xml

| 9.2.2007 | EN | Official Journal of the European Union | C 29/12 |
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9.2.2007

EN

Official Journal of the European Union

C 29/12

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Prior notification of a concentration

(Case COMP/M.3333 — Sony/BMG)

(Text with EEA relevance)

(2007/C 29/06)

| 1. | On 9 Janvier 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertakings Bertelsmann AG (‘Bertelsmann’, Germany) and Sony Corporation of America belonging to the Sony group (‘Sony’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ‘Sony BMG’ by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 9 Janvier 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertakings Bertelsmann AG (‘Bertelsmann’, Germany) and Sony Corporation of America belonging to the Sony group (‘Sony’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ‘Sony BMG’ by way of purchase of shares in a newly created company constituting a joint venture.

1

2

| 2. | On 19 July 2004, the Commission declared the concentration compatible with the common market. On 13 July 2006, the Court of First Instance of the European Communities annulled the Commission's decision. The notification was up-dated on 31 Janvier 2007. |
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2.

On 19 July 2004, the Commission declared the concentration compatible with the common market. On 13 July 2006, the Court of First Instance of the European Communities annulled the Commission's decision. The notification was up-dated on 31 Janvier 2007.

| 3. | The business activities of the undertakings concerned are:






  — | Bertelsmann: Music recording and publishing, television, radio, publishing of books and magazines, book and music clubs; |
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3.

The business activities of the undertakings concerned are:

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Bertelsmann: Music recording and publishing, television, radio, publishing of books and magazines, book and music clubs;

| — | Sony: Music recording and publishing, industrial and consumer electronics, entertainment services; |
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Sony: Music recording and publishing, industrial and consumer electronics, entertainment services;

| — | Sony BMG: Combination of the worldwide recorded music businesses of Sony and Bertelsmann (excluding Sony's activities in Japan). |
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Sony BMG: Combination of the worldwide recorded music businesses of Sony and Bertelsmann (excluding Sony's activities in Japan).

| 4. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. |
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4.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

| 5. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01) or by post, under reference number COMP/M.3333 — Sony/BMG, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

5.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01) or by post, under reference number COMP/M.3333 — Sony/BMG, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 395, 30.12.1989, p. 1.

1

Corrigendum: OJ L 257, 21.9.1990, p. 13.

(2)  OJ L 180, 9.7.1997, p. 1.

2

Corrigendum OJ L 40, 13.2.1998, p. 17.

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