# C_2008124EN.01002101.xml

| 21.5.2008 | EN | Official Journal of the European Union | C 124/21 |
| --- | --- | --- | --- |

21.5.2008

EN

Official Journal of the European Union

C 124/21

---

Prior notification of a concentration

(Case COMP/M.5145 — Staples/Corporate Express)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 124/10)

| 1. | On 13 May 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Staples Inc. (‘Staples’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Corporate Express NV (‘Corporate Express’, The Netherlands) by way of a public bid announced on 19 February 2008. |
| --- | --- |

1.

On 13 May 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Staples Inc. (‘Staples’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Corporate Express NV (‘Corporate Express’, The Netherlands) by way of a public bid announced on 19 February 2008.

1

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






  — | for Staples: distribution of office supplies to small and medium-sized businesses and individuals, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Staples: distribution of office supplies to small and medium-sized businesses and individuals,

| — | for Corporate Express: distribution of office supplies to large businesses, distribution of printing equipment and related activities. |
| --- | --- |

—

for Corporate Express: distribution of office supplies to large businesses, distribution of printing equipment and related activities.

| 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. |
| --- | --- |

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.

2

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5145 — Staples/Corporate Express to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5145 — Staples/Corporate Express to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

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

1

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

2

---