# C_2004184EN.01000201.xml

| 17.7.2004 | EN | Official Journal of the European Union | C 184/2 |
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17.7.2004

EN

Official Journal of the European Union

C 184/2

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Prior notification of a concentration

(Case No COMP/M. 3445 MICROSOFT/TIME WARNER/CONTENTGUARD/JV)

(2004/C 184/02)

(Text with EEA relevance)

| 1. | On 12 July 2004, the Commission received a notification of a 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 Microsoft Corporation (‘Microsoft’, USA) and Time Warner Inc. (‘Time Warner’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of ContentGuard Holdings Inc. (‘ContentGuard’, USA) by way of purchase of shares. Before the transaction ContentGuard was controlled by Xerox. |
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1.

On 12 July 2004, the Commission received a notification of a 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 Microsoft Corporation (‘Microsoft’, USA) and Time Warner Inc. (‘Time Warner’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of ContentGuard Holdings Inc. (‘ContentGuard’, USA) by way of purchase of shares. Before the transaction ContentGuard was controlled by Xerox.

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






  — | for Microsoft: design, development and supply of computer software and the supply of related services. Microsoft also supplies some computer hardware, |
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2.

The business activities of the undertakings concerned are:

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for Microsoft: design, development and supply of computer software and the supply of related services. Microsoft also supplies some computer hardware,

| — | for Time Warner: media end entertainment company. Interactive services, Internet technologies and online services and e-commerce services, |
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for Time Warner: media end entertainment company. Interactive services, Internet technologies and online services and e-commerce services,

| — | for ContentGuard: development and licensing of intellectual property rights relating to digital rights management technology. |
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for ContentGuard: development and licensing of intellectual property rights relating to digital rights management technology.

| 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. |
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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.

| 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. 3445 Microsoft/Time Warner/ContentGuard/JV, 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. 3445 Microsoft/Time Warner/ContentGuard/JV, 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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