# C_2011344EN.01001401.xml

| 24.11.2011 | EN | Official Journal of the European Union | C 344/14 |
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24.11.2011

EN

Official Journal of the European Union

C 344/14

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Prior notification of a concentration

(Case COMP/M.6440 — Evonik Immobilien/THS/Herkules Projektgesellschaft)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 344/11

| 1. | On 16 November 2011, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Evonik Immobilien GmbH (‘Evonik Immobilien’, Germany), controlled by Evonik Industries AG (‘Evonik’, Germany), and THS GmbH (‘THS’, Germany), jointly controlled by Evonik Immobilien and Vermögensverwaltungs- und Treuhandgesellschaft Industriegewerkschaft Bergbau und Energie mbH, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Herkules Projektgesellschaft mbH (‘HPG’, Germany) in its new extended form. |
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1.

On 16 November 2011, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Evonik Immobilien GmbH (‘Evonik Immobilien’, Germany), controlled by Evonik Industries AG (‘Evonik’, Germany), and THS GmbH (‘THS’, Germany), jointly controlled by Evonik Immobilien and Vermögensverwaltungs- und Treuhandgesellschaft Industriegewerkschaft Bergbau und Energie mbH, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Herkules Projektgesellschaft mbH (‘HPG’, Germany) in its new extended form.

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






  — | for Evonik Immobilien: owning, managing and letting residential properties; providing real-estate services, |
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2.

The business activities of the undertakings concerned are:

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for Evonik Immobilien: owning, managing and letting residential properties; providing real-estate services,

| — | for THS: owning, managing and letting residential properties; providing real-estate services, |
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for THS: owning, managing and letting residential properties; providing real-estate services,

| — | for HPG: managing and letting residential properties, landscape contracting, modernising and maintaining residential and commercial properties, heating and water meters, and broadband and satellite communications technologies. |
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for HPG: managing and letting residential properties, landscape contracting, modernising and maintaining residential and commercial properties, heating and water meters, and broadband and satellite communications technologies.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6440 — Evonik Immobilien/THS/Herkules Projektgesellschaft, to the following address:





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

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6440 — Evonik Immobilien/THS/Herkules Projektgesellschaft, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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