# C_2005038EN.01000901.xml

| 15.2.2005 | EN | Official Journal of the European Union | C 38/9 |
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15.2.2005

EN

Official Journal of the European Union

C 38/9

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Prior notification of a concentration

(Case COMP/M.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS)

(2005/C 38/08)

(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 S.p.A. (Finmeccanica, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of UK avionics activities and the military communications business of BAE SYSTEMS plc (‘BAES’, UK) by way of purchase of shares and assets. |
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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 S.p.A. (Finmeccanica, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of UK avionics activities and the military communications business of BAE SYSTEMS plc (‘BAES’, UK) by way of purchase of shares and assets.

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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,

| — | 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,

| — | BAES's UK avionics activities include radar, electro-optics, electronic warfare systems, mission avionics systems and Communication, Navigation and Identification systems. BAES' military communications business includes military ground communication systems and military naval information and communication systems. |
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BAES's UK avionics activities include radar, electro-optics, electronic warfare systems, mission avionics systems and Communication, Navigation and Identification systems. BAES' military communications business includes military ground communication systems and military naval information and communication 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. |
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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.

| 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.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS, 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.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS, 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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