# C_2004288EN.01000401.xml

| 25.11.2004 | EN | Official Journal of the European Union | C 288/4 |
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25.11.2004

EN

Official Journal of the European Union

C 288/4

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Prior notification of a concentration

(Case COMP/M.3611 — BORGWARNER/BERU)

Candidate case for simplified procedure

(2004/C 288/04)

(Text with EEA relevance)

| 1. | On 17 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking BorgWarner Germany GmbH belonging to the BorgWarner Group (‘BorgWarner’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BERU AG (‘BERU’, Germany) by way of purchase of shares. |
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1.

On 17 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking BorgWarner Germany GmbH belonging to the BorgWarner Group (‘BorgWarner’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BERU AG (‘BERU’, Germany) by way of purchase of shares.

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






  — | for BorgWarner: global supplier of parts and components primarily for engine and drivetrain applications for automotive OEMs, |
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2.

The business activities of the undertakings concerned are:

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for BorgWarner: global supplier of parts and components primarily for engine and drivetrain applications for automotive OEMs,

| — | for BERU: supplier of parts, components and systems for automotive and industrial OEMs and the aftermarket. |
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for BERU: supplier of parts, components and systems for automotive and industrial OEMs and the aftermarket.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3611 — BorgWarner/BERU 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3611 — BorgWarner/BERU 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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