# C_2011261EN.01001001.xml

| 3.9.2011 | EN | Official Journal of the European Union | C 261/10 |
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3.9.2011

EN

Official Journal of the European Union

C 261/10

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Prior notification of a concentration

(Case COMP/M.6367 — ECE/Metro/MEC JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 261/10

| 1. | On 26 August 2011, 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 ECE Projektmanagement G.m.b.H. & Co. KG (‘ECE’, Germany), ultimately controlled by Mr. Alexander Otto, and METRO Group Asset Management Services (‘MAMS’, Germany), fully owned subsidiary of METRO AG (‘Metro’, Germany), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking MEC Metro-ECE Centermanagement GmbH&Co.KG (‘MEC’, Germany) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 26 August 2011, 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 ECE Projektmanagement G.m.b.H. & Co. KG (‘ECE’, Germany), ultimately controlled by Mr. Alexander Otto, and METRO Group Asset Management Services (‘MAMS’, Germany), fully owned subsidiary of METRO AG (‘Metro’, Germany), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking MEC Metro-ECE Centermanagement GmbH&Co.KG (‘MEC’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | for ECE: acquisition, development, planning and construction of commercial buildings and other real estate property and the rental, management and disposal of such property, |
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2.

The business activities of the undertakings concerned are:

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for ECE: acquisition, development, planning and construction of commercial buildings and other real estate property and the rental, management and disposal of such property,

| — | for MAMS: leasing, development and management of the portfolio of investment properties of Metro Group real estate activities. It is fully owned by Metro AG, active in wholesale, food retail, non-food specialty stores such as for consumer electronic stores, and department stores, |
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for MAMS: leasing, development and management of the portfolio of investment properties of Metro Group real estate activities. It is fully owned by Metro AG, active in wholesale, food retail, non-food specialty stores such as for consumer electronic stores, and department stores,

| — | for MEC: property management services for shopping-centers. |
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for MEC: property management services for shopping-centers.

| 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.6367 — ECE/Metro/MEC JV, 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.6367 — ECE/Metro/MEC JV, 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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