# C_2010304EN.01001401.xml

| 10.11.2010 | EN | Official Journal of the European Union | C 304/14 |
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10.11.2010

EN

Official Journal of the European Union

C 304/14

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Prior notification of a concentration

(Case COMP/M.5753 — DSB/FIRST/DSBFirst Väst)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 304/10

| 1. | On 3 November 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 undertakings DSB (‘DSB’, Denmark) and FIRSTGroup plc (‘First’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of DSBFirst Väst Aps (‘DSBFirst Väst’), an extension of the existing joint venture DSBFirst Aps (‘DSBFirst’, Sweden), by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 3 November 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 undertakings DSB (‘DSB’, Denmark) and FIRSTGroup plc (‘First’, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of DSBFirst Väst Aps (‘DSBFirst Väst’), an extension of the existing joint venture DSBFirst Aps (‘DSBFirst’, Sweden), by way 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:






  — | for DSB: regional and interregional railway transport in Denmark and Sweden, |
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2.

The business activities of the undertakings concerned are:

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for DSB: regional and interregional railway transport in Denmark and Sweden,

| — | for FIRST: operator of rail passenger franchises having its main activities in the United Kingdom, |
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for FIRST: operator of rail passenger franchises having its main activities in the United Kingdom,

| — | for DSBFirst Väst: operation of rail passenger franchise as of December 2010 to December 2018 in western Sweden, franchise awarded on basis of a public tender. |
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for DSBFirst Väst: operation of rail passenger franchise as of December 2010 to December 2018 in western Sweden, franchise awarded on basis of a public tender.

| 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.5753 — DSB/FIRST/DSBFirst Väst, 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.5753 — DSB/FIRST/DSBFirst Väst, 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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