# C_2005195EN.01000501.xml

| 10.8.2005 | EN | Official Journal of the European Union | C 195/5 |
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10.8.2005

EN

Official Journal of the European Union

C 195/5

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Prior notification of a concentration

(Case COMP/M.3897 — WestLB/NordLB/Shinsei/Flowers/SGK)

Candidate case for simplified procedure

(2005/C 195/05)

(Text with EEA relevance)

| 1. | On 2 August 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which WestLB AG (‘WestLB’, Germany), Norddeutsche Landesbank Girozentrale AöR (‘NordLB’, Germany), Shinsei Bank Ltd. (‘Shinsei’, Japan) and J.C.Flowers & Co., LLC (‘Flowers’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of SGK Servicegesellschaft Kreditmanagement (‘SGK’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 2 August 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which WestLB AG (‘WestLB’, Germany), Norddeutsche Landesbank Girozentrale AöR (‘NordLB’, Germany), Shinsei Bank Ltd. (‘Shinsei’, Japan) and J.C.Flowers & Co., LLC (‘Flowers’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of SGK Servicegesellschaft Kreditmanagement (‘SGK’, 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 WestLB: Central institution of the savings banks of North Rhine-Westphalia and Brandenburg and international universal bank, |
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2.

The business activities of the undertakings concerned are:

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for WestLB: Central institution of the savings banks of North Rhine-Westphalia and Brandenburg and international universal bank,

| — | for NordLB: State Bank for the states of Lower Saxony and Saxony-Anhalt and international universal bank, |
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for NordLB: State Bank for the states of Lower Saxony and Saxony-Anhalt and international universal bank,

| — | for Shinsei: investment and retail bank, |
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for Shinsei: investment and retail bank,

| — | for Flowers: private equity investor, |
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for Flowers: private equity investor,

| — | for SGK: acquisition, administration and servicing of loans. |
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for SGK: acquisition, administration and servicing of loans.

| 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.3897 — WestLB/NordLB/Shinsei/Flowers/SGK, 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.3897 — WestLB/NordLB/Shinsei/Flowers/SGK, 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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