# C_2007110EN.01003201.xml

| 16.5.2007 | EN | Official Journal of the European Union | C 110/32 |
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16.5.2007

EN

Official Journal of the European Union

C 110/32

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Prior notification of a concentration

(Case COMP/M.4540 — Nestlé/Novartis (Medical Nutrition Business))

(Text with EEA relevance)

(2007/C 110/15)

| 1. | On 7 May 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Nestlé S.A. (‘Nestlé’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the healthcare nutrition business (‘NMN’) of Novartis AG (Switzerland) by way of purchase of shares and assets. |
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1.

On 7 May 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Nestlé S.A. (‘Nestlé’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the healthcare nutrition business (‘NMN’) of Novartis AG (Switzerland) by way of purchase of shares and assets.

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| 2. | The business activities of the undertakings concerned are:






  — | for Nestlé: active worldwide in the production, marketing and sale of food and beverage products, including healthcare nutrition products; |
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2.

The business activities of the undertakings concerned are:

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for Nestlé: active worldwide in the production, marketing and sale of food and beverage products, including healthcare nutrition products;

| — | for NMN: active worldwide in the development, manufacture, marketing, distribution and sale of enteral healthcare nutrition products and related medical devices (tubes, pumps etc.). |
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for NMN: active worldwide in the development, manufacture, marketing, distribution and sale of enteral healthcare nutrition products and related medical devices (tubes, pumps etc.).

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4540 — Nestlé/Novartis (Medical Nutrition Business), to the following address:





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

4.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4540 — Nestlé/Novartis (Medical Nutrition Business), 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 24, 29.1.2004, p. 1.

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