# C_2005163EN.01000601.xml

| 5.7.2005 | EN | Official Journal of the European Union | C 163/6 |
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5.7.2005

EN

Official Journal of the European Union

C 163/6

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Prior notification of a concentration

(Case COMP/M.3862 — Bilfinger Berger/WIB/JVC)

Candidate case for simplified procedure

(2005/C 163/04)

(Text with EEA relevance)

| 1. | On 22 June 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bilfinger Berger AG (‘Bilfinger Berger’, Germany) and Westdeutsche Immobilienbank (‘WIB’, Germany), belonging to the group WestLB AG (‘WestLB’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of JVC (‘JVC’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 22 June 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bilfinger Berger AG (‘Bilfinger Berger’, Germany) and Westdeutsche Immobilienbank (‘WIB’, Germany), belonging to the group WestLB AG (‘WestLB’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of JVC (‘JVC’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for Bilfinger Berger: planning, building and operation of construction projects; |
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2.

The business activities of the undertakings concerned are:

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for Bilfinger Berger: planning, building and operation of construction projects;

| — | for WIB: real estate financing and portfolio management; |
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for WIB: real estate financing and portfolio management;

| — | for JVC: combines Bilfinger Berger and WIB's activities in real estate management services |
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for JVC: combines Bilfinger Berger and WIB's activities in real estate management services

| 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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3862 — Bilfinger Berger/WIB/JVC, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3862 — Bilfinger Berger/WIB/JVC, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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(2)  OJ C 56, 5.3.2005, p. 32.

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