# C_2009053EN.01002501.xml

| 6.3.2009 | EN | Official Journal of the European Union | C 53/25 |
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6.3.2009

EN

Official Journal of the European Union

C 53/25

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Prior notification of a concentration

(Case COMP/M.5486 — Vodafone/Hutchison Whampoa/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 53/08)

| 1. | On 26 February 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 Vodafone Australia Limited (‘VAL’, Australia) belonging to the group Vodafone Group Plc (‘Vodafone’, UK) enters into a full merger within the meaning of Article 3(1)(a) of the Council Regulation with the undertaking Hutchison 3G Australia Limited (‘H3GA’, Australia) belonging to the group Hutchison Whampoa Limited (‘HWL’, Hong Kong). The new entity (the ‘JV’, Australia) will be jointly controlled by Vodafone and HWL |
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1.

On 26 February 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 Vodafone Australia Limited (‘VAL’, Australia) belonging to the group Vodafone Group Plc (‘Vodafone’, UK) enters into a full merger within the meaning of Article 3(1)(a) of the Council Regulation with the undertaking Hutchison 3G Australia Limited (‘H3GA’, Australia) belonging to the group Hutchison Whampoa Limited (‘HWL’, Hong Kong). The new entity (the ‘JV’, Australia) will be jointly controlled by Vodafone and HWL

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






  — | for Vodafone: provision of mobile and fixed voice and data communications services globally, |
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2.

The business activities of the undertakings concerned are:

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for Vodafone: provision of mobile and fixed voice and data communications services globally,

| — | for HWL: telecommunications; ports and related services; retail; property and hotels; energy, infrastructure, finance and investments and others, throughout the world, |
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for HWL: telecommunications; ports and related services; retail; property and hotels; energy, infrastructure, finance and investments and others, throughout the world,

| — | for JV: 2G and 3G mobile network operator, providing mobile voice and data services in Australia. |
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for JV: 2G and 3G mobile network operator, providing mobile voice and data services in Australia.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5486 — Vodafone/Hutchison Whampoa/JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5486 — Vodafone/Hutchison Whampoa/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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

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(2)  OJ C 56, 5.3.2005, p. 32.

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