# C_2004264EN.01000201.xml

| 27.10.2004 | EN | Official Journal of the European Union | C 264/2 |
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27.10.2004

EN

Official Journal of the European Union

C 264/2

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Prior notification of a concentration

(Case COMP/M.3542 — SONY PICTURES/WALT DISNEY/ODG/MOVIECO)

Candidate case for simplified procedure

(2004/C 264/02)

(Text with EEA relevance)

| 1. | On 4 October 2004, 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 Columbia Pictures Corporation Limited (‘Sony Pictures’, United Kingdom), belonging to the Sony group (‘Sony’, Japan), The Walt Disney Company Limited (‘Disney’, USA), and ON Demand Group (‘ODG’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking MovieCo, (‘MovieCo’, United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 4 October 2004, 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 Columbia Pictures Corporation Limited (‘Sony Pictures’, United Kingdom), belonging to the Sony group (‘Sony’, Japan), The Walt Disney Company Limited (‘Disney’, USA), and ON Demand Group (‘ODG’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking MovieCo, (‘MovieCo’, United Kingdom) 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 undertaking Sony Pictures: motion pictures and related activities, |
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2.

The business activities of the undertakings concerned are:

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for undertaking Sony Pictures: motion pictures and related activities,

| — | for undertaking Walt Disney: motion pictures and related activities, other entertainment activities, |
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for undertaking Walt Disney: motion pictures and related activities, other entertainment activities,

| — | for undertaking ODG: management of transactional video content, including video on demand services, |
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for undertaking ODG: management of transactional video content, including video on demand services,

| — | for undertaking MovieCo: operation of a video on demand service in the United Kingdom. |
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for undertaking MovieCo: operation of a video on demand service in the United Kingdom.

| 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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3542 — Sony Pictures/Walt Disney/ODG/MovieCo to the following address:





  European Commission |
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| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/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 (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3542 — Sony Pictures/Walt Disney/ODG/MovieCo to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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(2)  Available on DG COMP website:

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http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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