Prior notification of a concentration (Case COMP/M.3306 — E.ON/Midlands Electricity) (Text with EEA relevance)
Date: 2003-11-22
Institutions: European Commission
Subjects: chemical product, economic concentration, electrical energy, exchange of information, gas, merger control, petroleum, property market, telecommunications, water

22.11.2003

EN

Official Journal of the European Union

C 281/5

(b) Hearings

Commission address for correspondence:

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

7. Written submissions, questionnaire replies and corre-

spondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of
the interested
party). All written submissions,
including the information
requested in this notice, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labeled as ‘Limited’ (1) and, in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
a non-confidential version, which will be
labeled ‘For
inspection by interested Parties’.

(1) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
to
Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,
6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-dumping Agreement).

is a confidential document pursuant

the Council

It

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available. If an interested
party does not cooperate or cooperates only partially, and
findings are therefore based on facts available in accordance
with Article 18, the result may be less favorable to the party
than if it had cooperated.

Prior notification of a concentration

(Case COMP/M.3306 — E.ON/Midlands Electricity)

(2003/C 281/04)

(Text with EEA relevance)

On 17 November 2003 the Commission received notification of a proposed concentration pursuant
1.
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the German undertaking E.ON AG (‘E.ON’) acquires within the meaning of
Article 3(1)(b) of the Regulation joint control of the whole of the British undertaking Midlands Electricity
plc (‘Midlands’) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— E.ON: generation, distribution and supply of electricity, gas, water, chemical products and oil; provision

of telecommunications services and real estate management,

— Midlands Electricity: generation, distribution and supply of electricity and gas.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.

C 281/6

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Official Journal of the European Union

22.11.2003

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.3306 — E.ON/Midlands Electricity, to:

European Commission,
Directorate-General for Competition,
Merger Registry,
J-70,
B-1049 Brussels.

Prior notification of a concentration

(Case COMP/M.3316 — Celestica/MSL)

(2003/C 281/05)

(Text with EEA relevance)

1.
On 17 November 2003 the Commission received a notification of a proposed concentration
pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC)
No 1310/97 (2), by which the undertaking Celestica Acquisition Sub, Inc. controlled by Celestica Inc.
(‘Celestica’, Canada) acquires, within the meaning of Article 3(1)(b) of the Regulation, control of the
whole of the undertaking Manufacturers' Services Limited (‘MSL’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Celestica: electronic manufacturing services (EMS)

for original equipment manufacturers (OEMs),

primarily in the communications and computer sectors,

— MSL: electronic manufacturing services (EMS) for a variety of products,
industrial control, communications equipment, complementary design,

including medical devices,
logistics and repair services.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.3316 — Celestica/MSL, to:

European Commission,
Directorate-General for Competition,
Merger Registry,
J-70,
B-1049 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.