26.8.2006   

EN

Official Journal of the European Union

C 204/33

Prior notification of a concentration

(Case COMP/M.4091 — Linde/Spectra)

(2006/C 204/08)

(Text with EEA relevance)

1.

On 16 August 2006, the 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 (1) by which the undertaking Linde AG (‘Linde’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Spectra Gases, Inc. (‘Spectra’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

—

for Linde: production and distribution of industrial and specialty gases, including plant construction;

—

for Spectra: production and distribution of specialty gases.

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.

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 COMP/M.4091 — Linde/Spectra, 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.