# C_2009250EN.01000301.xml

| 20.10.2009 | EN | Official Journal of the European Union | C 250/3 |
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20.10.2009

EN

Official Journal of the European Union

C 250/3

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Prior notification of a concentration

(Case COMP/M.5607 — Avaya/Nortel Enterprise Solutions)

(Text with EEA relevance)

2009/C 250/03

| 1. | On 13 October 2009 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 Avaya Inc. (‘Avaya’, United States), jointly-controlled by TPG Partners V, L.P and Silver Lake Partners III, L.P (‘TPG’ and ‘SLP’ respectively, United States), acquires within the meaning of Article 3(1)(b) of the Regulation control of certain assets and subsidiaries associated with Nortel's Enterprise Solutions business (‘Nortel ES’, Canada) of the undertaking Nortel Networks Corporation (‘Nortel’, Canada) by way of purchase of assets and securities. |
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1.

On 13 October 2009 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 Avaya Inc. (‘Avaya’, United States), jointly-controlled by TPG Partners V, L.P and Silver Lake Partners III, L.P (‘TPG’ and ‘SLP’ respectively, United States), acquires within the meaning of Article 3(1)(b) of the Regulation control of certain assets and subsidiaries associated with Nortel's Enterprise Solutions business (‘Nortel ES’, Canada) of the undertaking Nortel Networks Corporation (‘Nortel’, Canada) by way of purchase of assets and securities.

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






  — | for Avaya: provision of enterprise communication systems, applications and services, |
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2.

The business activities of the undertakings concerned are:

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for Avaya: provision of enterprise communication systems, applications and services,

| — | for TPG: private equity investments funds, |
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for TPG: private equity investments funds,

| — | for SLP: private equity investments funds, |
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for SLP: private equity investments funds,

| — | for Nortel ES: enterprise communication systems, services and solutions. |
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for Nortel ES: enterprise communication systems, services and solutions.

| 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 (+32 22964301 or 22967244) or by post, under reference number COMP/M.5607 — Avaya/Nortel Enterprise Solutions, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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 (+32 22964301 or 22967244) or by post, under reference number COMP/M.5607 — Avaya/Nortel Enterprise Solutions, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1.

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