# C_2005038EN.01001001.xml

| 15.2.2005 | EN | Official Journal of the European Union | C 38/10 |
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15.2.2005

EN

Official Journal of the European Union

C 38/10

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Prior notification of a concentration

(Case COMP/M.3735 — FINMECCANICA/AMS)

Candidate case for simplified procedure

(2005/C 38/09)

(Text with EEA relevance)

| 1. | On 7 February 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 Finmeccanica SpA (‘Finmeccanica’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Italian operating branch of AMS (‘AMS SpA’, Italy) and the AMS's air traffic control business. AMS is currently jointly-controlled by BAE SYSTEMS plc (‘BAES’, UK) and Finmeccanica. |
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1.

On 7 February 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 Finmeccanica SpA (‘Finmeccanica’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Italian operating branch of AMS (‘AMS SpA’, Italy) and the AMS's air traffic control business. AMS is currently jointly-controlled by BAE SYSTEMS plc (‘BAES’, UK) and Finmeccanica.

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






  — | Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles, |
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2.

The business activities of the undertakings concerned are:

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Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles,

| — | AMS is active in the land and naval defence electronics markets, and in the air traffic control and air traffic management systems civil markets, |
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AMS is active in the land and naval defence electronics markets, and in the air traffic control and air traffic management systems civil markets,

| — | BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems. |
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BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems.

| 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.3735 — FINMECCANICA/AMS, 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.3735 — FINMECCANICA/AMS, 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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