# C_2011090EN.01001701.xml

| 22.3.2011 | EN | Official Journal of the European Union | C 90/17 |
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22.3.2011

EN

Official Journal of the European Union

C 90/17

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Prior notification of a concentration

(Case COMP/M.6106 — Caterpillar/MWM)

(Text with EEA relevance)

2011/C 90/10

| 1. | On 14 March 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Caterpillar Inc. (‘Caterpillar’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of MWM Holding GmbH (‘MWM’, Germany) by way of a purchase of shares. The concentration has been referred to the Commission by the German Competition Authority pursuant to Article 22(3) of the Merger Regulation. The referral was subsequently joined by Austria and Slovakia. |
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1.

On 14 March 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Caterpillar Inc. (‘Caterpillar’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole control of MWM Holding GmbH (‘MWM’, Germany) by way of a purchase of shares. The concentration has been referred to the Commission by the German Competition Authority pursuant to Article 22(3) of the Merger Regulation. The referral was subsequently joined by Austria and Slovakia.

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






  — | for Caterpillar: the manufacture and sale of machinery and engines, including reciprocating engines, as well as the provision of financial products, |
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2.

The business activities of the undertakings concerned are:

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for Caterpillar: the manufacture and sale of machinery and engines, including reciprocating engines, as well as the provision of financial products,

| — | for MWM: a holding company that controls 100 % of MWM GmbH, a company that together with its subsidiaries, is active in the provision of products, services and technologies for decentralized energy supply using reciprocating engines. |
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for MWM: a holding company that controls 100 % of MWM GmbH, a company that together with its subsidiaries, is active in the provision of products, services and technologies for decentralized energy supply using reciprocating engines.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6106 — Caterpillar/MWM, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6106 — Caterpillar/MWM, 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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