# C_2010237EN.01002001.xml

| 2.9.2010 | EN | Official Journal of the European Union | C 237/20 |
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2.9.2010

EN

Official Journal of the European Union

C 237/20

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Prior notification of a concentration

(Case COMP/M.5956 — EADS/OPIP/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 237/04

| 1. | On 26 August 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 EADS Deutschland GmbH (‘EADS DS’, Germany), belonging to the EADS group (The Netherlands), and Odebrecht Plantas Industriais e Participações SA (‘OPIP’, Brazil), controlled by Odebrecht SA (Brazil), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’), by way of purchase of shares. |
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1.

On 26 August 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 EADS Deutschland GmbH (‘EADS DS’, Germany), belonging to the EADS group (The Netherlands), and Odebrecht Plantas Industriais e Participações SA (‘OPIP’, Brazil), controlled by Odebrecht SA (Brazil), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’), by way of purchase of shares.

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






  — | EADS DS: integrated defence and security solutions. EADS group is active in aircrafts, telecommunications equipment, defence and security systems and satellites, |
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2.

The business activities of the undertakings concerned are:

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EADS DS: integrated defence and security solutions. EADS group is active in aircrafts, telecommunications equipment, defence and security systems and satellites,

| — | OPIP: engineering, civil construction and industrial assembly services. Odebrecht SA is a business conglomerate active in several areas (engineering, construction, chemical, petrochemical industries, oil and gas, environmental engineering, real-estate developments, infrastructure investments, and bio energy), |
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OPIP: engineering, civil construction and industrial assembly services. Odebrecht SA is a business conglomerate active in several areas (engineering, construction, chemical, petrochemical industries, oil and gas, environmental engineering, real-estate developments, infrastructure investments, and bio energy),

| — | JV: market electronic defence and security systems and products. |
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JV: market electronic defence and security systems and products.

| 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.5956 — EADS/OPIP/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.5956 — EADS/OPIP/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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