23.11.2006   

EN

Official Journal of the European Union

C 286/2

Prior notification of a concentration

(Case COMP/M.4485 — MEIF II/Techem)

Candidate case for simplified procedure

(2006/C 286/02)

(Text with EEA relevance)

1.

On 15 November 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking MEIF II Energie Beteiligungen GmbH & Co. KG (‘MEIF II KG’, Germany), ultimately owned, controlled and managed by the Macquarie Bank Limited (‘Macquarie’, Australia), acquires sole control within the meaning of Article 3(1)(b) of the Council Regulation of the whole of Techem AG (‘TECHEM’, Germany), a German public listed company, by way of a public takeover offer under the German Takeover Act, announced on 11 November 2006, intending to acquire all the shares of TECHEM.

2.

The business activities of the undertakings concerned are:

—

for MEIF II KG: a German limited partnership, active in the acquisition, holding, administration and sale of participations in other companies or their assets as well as all related actions and legal transactions;

—

for Macquarie: a diversified international provider of specialist financial and investment banking services;

—

for TECHEM: active in the business of sub-metering of utilities consumption and the market for energy contracting.

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.

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number Case COMP/M.4485 — MEIF II/Techem, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.