# C_2005280EN.01001001.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 280/10 |
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12.11.2005

EN

Official Journal of the European Union

C 280/10

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Prior notification of a concentration

(Case COMP/M.4010 — Fresenius/Helios)

(2005/C 280/04)

(Text with EEA relevance)

| 1. | On 3 November 2005, 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 Fresenius AG (‘Fresenius’, Germany) controlled by Else-Kröner Fresenius-Stiftung (‘Fresenius Stiftung’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of HELIOS Kliniken GmbH (‘HELIOS’, Germany) by way of purchase of shares. |
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1.

On 3 November 2005, 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 Fresenius AG (‘Fresenius’, Germany) controlled by Else-Kröner Fresenius-Stiftung (‘Fresenius Stiftung’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of HELIOS Kliniken GmbH (‘HELIOS’, Germany) by way of purchase of shares.

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






  — | for Fresenius Stiftung: foundation controlling Fresenius, |
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2.

The business activities of the undertakings concerned are:

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for Fresenius Stiftung: foundation controlling Fresenius,

| — | for Fresenius: multinational health company, active in the sectors, hospital management and hospital services, clinical nutrition, dialysis instruments and dialysis solutions, infusion therapy, |
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for Fresenius: multinational health company, active in the sectors, hospital management and hospital services, clinical nutrition, dialysis instruments and dialysis solutions, infusion therapy,

| — | for HELIOS: independent hospital operator active in Germany. |
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for HELIOS: independent hospital operator active in Germany.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4010 — Fresenius/Helios, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| BE-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.4010 — Fresenius/Helios, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

BE-1049 Brussels

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

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