# C_2008305EN.01009001.xml

| 28.11.2008 | EN | Official Journal of the European Union | C 305/90 |
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28.11.2008

EN

Official Journal of the European Union

C 305/90

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Prior notification of a concentration

(Case COMP/M.5274 — NEWS CORP/Permira/NDS)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 305/07)

| 1. | On 20 November 2008, 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 Nuclobel Lux 1 S.à.r.l. and Nuclobel Lux 2 S.à.r.l. (Luxembourg), ultimately controlled by Permira Holdings LLP (United Kingdom), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking NDS (United Kingdom), currently solely controlled by News Corporation (United States of America), by way of purchase of shares. |
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1.

On 20 November 2008, 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 Nuclobel Lux 1 S.à.r.l. and Nuclobel Lux 2 S.à.r.l. (Luxembourg), ultimately controlled by Permira Holdings LLP (United Kingdom), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking NDS (United Kingdom), currently solely controlled by News Corporation (United States of America), by way of purchase of shares.

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






  — | for Permira Holdings LLP: private equity fund, |
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2.

The business activities of the undertakings concerned are:

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for Permira Holdings LLP: private equity fund,

| — | for NDS: provision of technical services to Pay-TV broadcasters, |
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for NDS: provision of technical services to Pay-TV broadcasters,

| — | for News Corporation: diversified entertainment company with operations in eight media industry segments, including (i) filmed entertainment; (ii) television; (iii) cable network programming; (iv) direct broadcast satellite television; (v) magazines and inserts; (vi) newspapers; (vii) book publishing; and (viii) other businesses. |
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for News Corporation: diversified entertainment company with operations in eight media industry segments, including (i) filmed entertainment; (ii) television; (iii) cable network programming; (iv) direct broadcast satellite television; (v) magazines and inserts; (vi) newspapers; (vii) book publishing; and (viii) other businesses.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5274 — NEWS CORP/Permira/NDS, 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5274 — NEWS CORP/Permira/NDS, 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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