# C_2004176EN.01000201.xml

| 8.7.2004 | EN | Official Journal of the European Union | C 176/2 |
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8.7.2004

EN

Official Journal of the European Union

C 176/2

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Prior notification of a concentration

(Case No COMP/M.3402 — Siemens / 3i / AGUTH / XtraMind)

Candidate case for simplified procedure

(2004/C 176/02)

(Text with EEA relevance)

| 1. | On 28 June 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertakings Siemens Aktiengesellschaft (‘Siemens’, Germany), through its subsidiary Siemens Venture Capital GmbH, 3i Group Investments LP (‘3i’, United Kingdom) and AGUTH Holding GmbH (‘AGUTH’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking XtraMind Technologies GmbH (‘XtraMind’) by way of purchase of shares. |
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1.

On 28 June 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertakings Siemens Aktiengesellschaft (‘Siemens’, Germany), through its subsidiary Siemens Venture Capital GmbH, 3i Group Investments LP (‘3i’, United Kingdom) and AGUTH Holding GmbH (‘AGUTH’, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking XtraMind Technologies GmbH (‘XtraMind’) by way of purchase of shares.

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






  — | for Siemens: global provider of electronic engineering and electronic products and services, |
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2.

The business activities of the undertakings concerned are:

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for Siemens: global provider of electronic engineering and electronic products and services,

| — | for 3i: private equity investments, |
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for 3i: private equity investments,

| — | for AGUTH: investments administration, |
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for AGUTH: investments administration,

| — | for XtraMind: development of communications software. |
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for XtraMind: development of communications software.

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. 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 (EEC) No 4064/89 (3) 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 concentration could fall within the scope of Regulation (EEC) No 4064/89. 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 (EEC) No 4064/89 (3) 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.3402 — Siemens / 3i / AGUTH / XtraMind, 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.3402 — Siemens / 3i / AGUTH / XtraMind, 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 395, 30.12.1989, p. 1 ; corrigendum OJ L 257, 21.9.1990, p. 13.

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(2)  OJ L 180, 9.7.1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

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(3)  OJ C 217, 29.7.2000, p. 32.

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