# C_2008293EN.01001401.xml

| 15.11.2008 | EN | Official Journal of the European Union | C 293/14 |
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15.11.2008

EN

Official Journal of the European Union

C 293/14

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Prior notification of a concentration

(Case COMP/M.5361 — Bank of America/Merrill Lynch)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 293/06)

| 1. | On 6 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 Bank of America Corporation (‘BAC’, United States) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Merrill Lynch & Co., Inc. (‘Merrill’, United States) by way of purchase of shares. |
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1.

On 6 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 Bank of America Corporation (‘BAC’, United States) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Merrill Lynch & Co., Inc. (‘Merrill’, United States) by way of purchase of shares.

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






  — | for BAC: retail, corporate and investment banking, wealth and investment management, |
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2.

The business activities of the undertakings concerned are:

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for BAC: retail, corporate and investment banking, wealth and investment management,

| — | for Merrill: global markets and investment banking, wealth management. |
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for Merrill: global markets and investment banking, wealth management.

| 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.5361 — Bank of America/Merrill Lynch, 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.5361 — Bank of America/Merrill Lynch, 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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