# C_2005081EN.01000601.xml

| 2.4.2005 | EN | Official Journal of the European Union | C 81/6 |
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2.4.2005

EN

Official Journal of the European Union

C 81/6

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Prior notification of a concentration

(Case COMP/M.3726 — Dansk Supermarked/Netto)

Candidate case for simplified procedure

(2005/C 81/04)

(Text with EEA relevance)

| 1. | On 18 March 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Dansk Supermarked A/S (‘DS’, Denmark), jointly controlled by A.P. Møller — Mærsk Group (‘A.P. Møller’, Denmark) and F. Salling A/S (‘F. Salling’, Denmark), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Offene Handelsgesellschaft Netto Supermarkt GmbH CO (‘NS’, Germany) by way of purchase of shares. |
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1.

On 18 March 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Dansk Supermarked A/S (‘DS’, Denmark), jointly controlled by A.P. Møller — Mærsk Group (‘A.P. Møller’, Denmark) and F. Salling A/S (‘F. Salling’, Denmark), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Offene Handelsgesellschaft Netto Supermarkt GmbH CO (‘NS’, Germany) by way of purchase of shares.

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






  — | for DS: retail of daily consumer goods mainly in Denmark, |
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2.

The business activities of the undertakings concerned are:

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for DS: retail of daily consumer goods mainly in Denmark,

| — | for A.P. Møller: mainly shipping, oil drilling, shipbuilding, aviation and retail, |
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for A.P. Møller: mainly shipping, oil drilling, shipbuilding, aviation and retail,

| — | for F. Salling: primarily active in the retail sector in Denmark, |
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for F. Salling: primarily active in the retail sector in Denmark,

| — | for NS: retail of daily consumer goods in Germany. |
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for NS: retail of daily consumer goods in Germany.

| 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. 3726 — Dansk Supermarked/Netto, 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. 3726 — Dansk Supermarked/Netto, 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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