32011M6033

Commission Decision of 28/01/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6033 - JOHNSON & JOHNSON / CRUCELL) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)


|EUROPEAN COMMISSION |

Brussels , 28.1.2011

SG-Greffe(2011) D/1561

PUBLIC VERSIONC(2011) 610 final

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6033 - JOHNSON & JOHNSON/ CRUCELL Notification of 21/12/2010pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 005, 08.01.2011 p.13

1. On 20/12/2010, the European Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 by which Johnson & Johnson ("JNJ", USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control over the whole of Crucell N.V. ("Crucell", the Netherlands) by way of public bid announced on 6/10/2010.

2. The business activities of the undertakings concerned are:

- JNJ : consumer health and care products, including beauty, oral care, baby, over-the counter medicines, nutritional, women's health, wellness and prevention products; medical devices and diagnostics; pharmaceutical products;

- Crucell: research, development, production and sale of biologic medicinal products (i.e. vaccines, proteins and antibodies) for the prevention or treatment of infectious diseases.

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission

(signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] OJ C 56, 5.3.2005, p. 32.