27.10.2009

Official Journal of the European Union

C 257/22

Prior notification of a concentration

(Case COMP/M.5631 — Symboled/Zumtobel/Ledon Oled JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 257/05

On 16 October 2009 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 undertakings Zumtobel Holding GmbH (‘Zumtobel’, Germany) belonging to the Zumtobel Group and Symboled GmbH (‘Symboled’, Germany) controlled by the Fraunhofer Gesellschaft zur Förderung der angewandten Forschung e.V. (‘Fraunhofer Gesellschaft’) and four individuals acquire within the meaning of Article 3(1)(b) of the Regulation joint control of the undertaking Ledon Oled Lighting GmbH & Co. KG (‘Ledon Oled’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

—	Zumtobel manufactures professional lighting systems and lighting components for indoor and outdoor use, LED modules and LED systems, and offers light management services,

—

Symboled has been founded mid 2008 as a spin-off by the Fraunhofer Gesellschaft and four individuals for the development, manufacturing and sales of flat lighting- and signage systems based on organic light emitting diodes. Symboled, mainly supposed to hold the shares in Ledon Oled, has not been operational yet,

—	Zumtobel and Symboled intend to establish the joint venture Ledon Oled which fulfils all the functions of an autonomous economic entity. Ledon Oled will develop, manufacture and sell organic light emitting diodes for professional lighting- and signage systems.

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.

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 or 22967244) or by post, under reference number COMP/M.5631 — Symboled/Zumtobel/Ledon Oled JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1.

(2) OJ C 56, 5.3.2005, p. 32.