# C_2009236EN.01002401.xml

| 1.10.2009 | EN | Official Journal of the European Union | C 236/24 |
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1.10.2009

EN

Official Journal of the European Union

C 236/24

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Prior notification of a concentration

(Case COMP/M.5565 — BAE Systems/BVT)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 236/10

| 1. | On 24 September 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 BAE Systems plc (‘BAE Systems’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertaking BVT Surface Fleet Limited (‘BVT’, United Kingdom), a company currently jointly-controlled by BAE Systems and VT Group plc, by way of purchase of shares. |
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1.

On 24 September 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 BAE Systems plc (‘BAE Systems’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertaking BVT Surface Fleet Limited (‘BVT’, United Kingdom), a company currently jointly-controlled by BAE Systems and VT Group plc, by way of purchase of shares.

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






  — | for BAE Systems: provision of systems and services for air, land and naval forces as well as advanced electronics, information technology solutions and customer support services, |
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2.

The business activities of the undertakings concerned are:

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for BAE Systems: provision of systems and services for air, land and naval forces as well as advanced electronics, information technology solutions and customer support services,

| — | for BVT: provision of surface warships and through-life support, principally as a partner for the United Kingdom Ministry of Defence. |
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for BVT: provision of surface warships and through-life support, principally as a partner for the United Kingdom Ministry of Defence.

| 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 22964301 or 22967244) or by post, under reference number COMP/M.5565 — BAE Systems/BVT, 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.5565 — BAE Systems/BVT, 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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(2)  OJ C 56, 5.3.2005, p. 32.

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