# C_2010164EN.01002501.xml

| 24.6.2010 | EN | Official Journal of the European Union | C 164/25 |
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24.6.2010

EN

Official Journal of the European Union

C 164/25

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Prior notification of a concentration

(Case COMP/M.5904 — SAP/Sybase)

(Text with EEA relevance)

2010/C 164/09

| 1. | On 16 June 2010, 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 SAP AG (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Sybase (USA) by way of public bid. |
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1.

On 16 June 2010, 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 SAP AG (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Sybase (USA) by way of public bid.

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






  — | for SAP: provider of Enterprise Application Software Solutions (EAS), including support, consulting, maintenance and other related services, |
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2.

The business activities of the undertakings concerned are:

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for SAP: provider of Enterprise Application Software Solutions (EAS), including support, consulting, maintenance and other related services,

| — | for Sybase: software vendor, focusing on databases, data management/middleware and mobile architectures. |
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for Sybase: software vendor, focusing on databases, data management/middleware and mobile architectures.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. 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 the EC Merger Regulation. 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5904 — SAP/Sybase, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5904 — SAP/Sybase, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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