# C_2009029EN.01002401.xml

| 5.2.2009 | EN | Official Journal of the European Union | C 29/24 |
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5.2.2009

EN

Official Journal of the European Union

C 29/24

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Prior notification of a concentration

(Case COMP/M.5438 — NBC Universal/De Agostini Communications/IMI Investimenti/Cattleya)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 29/12)

| 1. | On 27 January 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 undertakings NBC Universal (‘NBC’, USA) controlled by General Electric (‘GE’, USA), De Agostini Communications (‘DeAC’, Luxembourg) controlled by De Agostini S.p.A. (‘DeA’, Italy), IMI Investimenti S.p.A. (‘IMI’, Italy) controlled by Intesa Sanpaolo S.p.A. (‘Intesa Sanpaolo’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cattleya S.p.A. (‘Cattleya’, Italy) by way of purchase of shares. |
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1.

On 27 January 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 undertakings NBC Universal (‘NBC’, USA) controlled by General Electric (‘GE’, USA), De Agostini Communications (‘DeAC’, Luxembourg) controlled by De Agostini S.p.A. (‘DeA’, Italy), IMI Investimenti S.p.A. (‘IMI’, Italy) controlled by Intesa Sanpaolo S.p.A. (‘Intesa Sanpaolo’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cattleya S.p.A. (‘Cattleya’, Italy) by way of purchase of shares.

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






  — | for NBC Universal: development, production and marketing of entertainment, news and information, |
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2.

The business activities of the undertakings concerned are:

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for NBC Universal: development, production and marketing of entertainment, news and information,

| — | for DeAC: film distribution and audiovisual content production, |
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for DeAC: film distribution and audiovisual content production,

| — | for IMI: equity investments through both own and collective funds, |
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for IMI: equity investments through both own and collective funds,

| — | for Cattleya: film and TV production in Italy. |
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for Cattleya: film and TV production in Italy.

| 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.5438 — NCB Universal/De Agostini Communications/IMI Investimenti/Cattleya, 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.5438 — NCB Universal/De Agostini Communications/IMI Investimenti/Cattleya, 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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