# C_2005253EN.01000301.xml

| 13.10.2005 | EN | Official Journal of the European Union | C 253/3 |
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13.10.2005

EN

Official Journal of the European Union

C 253/3

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Prior notification of a concentration

(Case COMP/M.3932 — ThyssenKrupp/Hellenic Shipyards)

Candidate case for simplified procedure

(2005/C 253/03)

(Text with EEA relevance)

| 1. | On 3 October 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking ThyssenKrupp AG (‘TK’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the whole of the Greek company Hellenic Shipyards S.A. (‘HSY’), hitherto jointly controlled by TK and MAN Ferrostaal AG (‘Ferrostaal’) by way of purchase of shares. |
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1.

On 3 October 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking ThyssenKrupp AG (‘TK’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the whole of the Greek company Hellenic Shipyards S.A. (‘HSY’), hitherto jointly controlled by TK and MAN Ferrostaal AG (‘Ferrostaal’) by way of purchase of shares.

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






  — | for TK: steel, capital goods including civil shipbuilding (passenger ships, container ships, river cruisers, motor yachts) and military shipbuilding (naval surface vessels and submarines) as well as the maintenance and repairs of such ships; |
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2.

The business activities of the undertakings concerned are:

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for TK: steel, capital goods including civil shipbuilding (passenger ships, container ships, river cruisers, motor yachts) and military shipbuilding (naval surface vessels and submarines) as well as the maintenance and repairs of such ships;

| — | for HSY: ship building and repair, and industrial constructions. |
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for HSY: ship building and repair, and industrial constructions.

| 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.3932 — ThyssenKrupp/Hellenic Shipyards, 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.3932 — ThyssenKrupp/Hellenic Shipyards, 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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(2)  OJ C 56, 5.3.2005, p. 32.

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