# C_2010273EN.01000501.xml

| 9.10.2010 | EN | Official Journal of the European Union | C 273/5 |
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9.10.2010

EN

Official Journal of the European Union

C 273/5

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Prior notification of a concentration

(Case COMP/M.5897 — Züblin/VMT/ITC JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 273/04

| 1. | On 1 October 2010 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which Ed. Züblin AG (‘Züblin’, Germany), which is controlled by STRABAG SE (‘STRABAG’, Austria), and VMT GmbH (‘VMT’, Germany), which is controlled by Herrenknecht AG (‘Herrenknecht’, Germany), are to acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of ITC Engineering GmbH & Co. KG (‘ITC’, Germany) by means of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 1 October 2010 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which Ed. Züblin AG (‘Züblin’, Germany), which is controlled by STRABAG SE (‘STRABAG’, Austria), and VMT GmbH (‘VMT’, Germany), which is controlled by Herrenknecht AG (‘Herrenknecht’, Germany), are to acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of ITC Engineering GmbH & Co. KG (‘ITC’, Germany) by means of purchase of shares in a newly created company constituting a joint venture.

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






  — | Züblin: global construction undertaking, primary business in the construction of buildings (including turnkey construction)/and civil engineering, including tunnel building and specialised civil engineering, |
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2.

The business activities of the undertakings concerned are:

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Züblin: global construction undertaking, primary business in the construction of buildings (including turnkey construction)/and civil engineering, including tunnel building and specialised civil engineering,

| — | VMT: global undertaking supplying survey technology, specialising in guidance systems for tunnel boring machinery, |
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VMT: global undertaking supplying survey technology, specialising in guidance systems for tunnel boring machinery,

| — | ITC: development and marketing of process data management software. |
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ITC: development and marketing of process data management software.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5897 — Züblin/VMT/ITC JV, 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5897 — Züblin/VMT/ITC JV, 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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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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