# C_2009007EN.01001301.xml

| 13.1.2009 | EN | Official Journal of the European Union | C 7/13 |
| --- | --- | --- | --- |

13.1.2009

EN

Official Journal of the European Union

C 7/13

---

Prior notification of a concentration

(Case COMP/M.5443 — Otsuka Pharmaceutical/Nardobel)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 7/09)

| 1. | On 23 December 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 undertaking Otsuka Pharmaceutical Co. Ltd. (‘Otsuka’, Japan) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Nardobel SAS (‘Nardobel’, France) by way of purchase of securities. |
| --- | --- |

1.

On 23 December 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 undertaking Otsuka Pharmaceutical Co. Ltd. (‘Otsuka’, Japan) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Nardobel SAS (‘Nardobel’, France) by way of purchase of securities.

1

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






  — | for Otsuka: manufacturing and supply of pharmaceutical products, food (nutraceuticals, water) and industrial chemicals, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Otsuka: manufacturing and supply of pharmaceutical products, food (nutraceuticals, water) and industrial chemicals,

| — | for Nardobel: manufacturing and supply of dietary food products and plant-based pharmaceuticals. |
| --- | --- |

—

for Nardobel: manufacturing and supply of dietary food products and plant-based pharmaceuticals.

| 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.5443 — Otsuka Pharmaceutical/Nardobel, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 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.5443 — Otsuka Pharmaceutical/Nardobel, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussel

---

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

1

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

2

---