# C_2009087EN.01001201.xml

| 16.4.2009 | EN | Official Journal of the European Union | C 87/12 |
| --- | --- | --- | --- |

16.4.2009

EN

Official Journal of the European Union

C 87/12

---

Prior notification of a concentration

(Case COMP/M.5403 — Lufthansa/British Midland)

(Text with EEA relevance)

2009/C 87/04

| 1. | On 3 April 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 Deutsche Lufthansa AG (‘Lufthansa’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking British Midland (United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 3 April 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 Deutsche Lufthansa AG (‘Lufthansa’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking British Midland (United Kingdom) by way of purchase of shares.

1

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






  — | for Lufthansa: air transport of passengers and cargo and related services (in-flight catering, IT-services, maintenance, repair and overhaul of aircrafts), |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Lufthansa: air transport of passengers and cargo and related services (in-flight catering, IT-services, maintenance, repair and overhaul of aircrafts),

| — | for British Midland: air transport of passengers and cargo, maintenance, repair and overhaul. |
| --- | --- |

—

for British Midland: air transport of passengers and cargo, maintenance, repair and overhaul.

| 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. |
| --- | --- |

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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5403 — Lufthansa/British Midland, to the following address:





  European Commission |
| --- | --- |
| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5403 — Lufthansa/British Midland, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

---