# C_2005194EN.01000301.xml

| 9.8.2005 | EN | Official Journal of the European Union | C 194/3 |
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9.8.2005

EN

Official Journal of the European Union

C 194/3

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Prior notification of a concentration

(Case COMP/M.3855 — Webasto/Starck/Staxera)

Candidate case for simplified procedure

(2005/C 194/03)

(Text with EEA relevance)

| 1. | On 27 July 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 undertakings Webasto AG (‘Webasto’, Germany) and H.C. Starck GmbH (‘Starck’, Germany) which is controlled by Bayer AG (‘Bayer’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Staxera Holding GmbH & Co. KG (‘Staxera’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 27 July 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 undertakings Webasto AG (‘Webasto’, Germany) and H.C. Starck GmbH (‘Starck’, Germany) which is controlled by Bayer AG (‘Bayer’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Staxera Holding GmbH & Co. KG (‘Staxera’, 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 Webasto: supplier to the automotive industry; |
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2.

The business activities of the undertakings concerned are:

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for Webasto: supplier to the automotive industry;

| — | for Starck: ceramic and metallic powders and salts; components for oxid fuel cells; |
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for Starck: ceramic and metallic powders and salts; components for oxid fuel cells;

| — | for Bayer: chemicals, health care and crop science products; |
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for Bayer: chemicals, health care and crop science products;

| — | for Staxera: (high-temperature) solid oxid fuel cells (SOFC). |
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for Staxera: (high-temperature) solid oxid fuel cells (SOFC).

| 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.3855 — Webasto/Starck/Staxera 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.3855 — Webasto/Starck/Staxera 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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