COMMISSION DECISION of 13/11/1997 declaring a concentration to be compatible with the common market (Case No IV/M.975 - ALBACOM/BT/ENI/MEDIASET) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic)

What COMMISSION DECISION of 13/11/1997 declaring a concentration to be compatible with the common market (Case No IV/M.975 - ALBACOM/BT/ENI/MEDIASET) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) requires

This Commission Decision of 13 November 1997 declares a concentration compatible with the common market under Council Regulation (EEC) No 4064/89. The operation concerns the acquisition by ENI of a 35% equity stake in Albacom S.p.A. through a share increase for a consideration of 173 billion lire (ECU 88 million), together with the granting by SNAM S.p.A. to Albacom of the right to use its fibre infrastructure, and the acquisition by Albacom of the entire issued share capital of Nuova Società di Telecomunicazioni S.p.A. (NST). The Commission determined that Albacom is jointly controlled by BT, ENI, and Mediaset, with the Board of Directors consisting of 5 directors designated by Albacom Holdings, 2 by Mediaset, and 4 by ENI. The decision applies to the notifying parties - British Telecom plc, Ente Nazionale Idrocarburi S.p.A., Albacom S.p.A., and Mediaset S.p.A. - and establishes that the operation has a Community dimension given that the combined worldwide turnovers of all undertakings concerned exceed 5,000 million ECU. The Commission concluded that the proposed concentration will not create or strengthen a dominant position as a result of which competition will be significantly impeded in the common market or in a substantial part of it, and accordingly adopted an Article 6(1)(b) decision of non-opposition, declaring the operation compatible with the common market and with the functioning of the EEA Agreement.

Pillar: Legal & IP Sovereignty · Authority: Commission of the European Communities · Version: 1.0.0 · Last updated: 1997-11-13

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31997M0975

SHA-256 integrity: 78a6b0054bb34ab8285c7339540676ec899f80380977f27b5e683544543c708e

Primary Citations — 9 traced to source

• Notification Section: 'On 16.09.1997 the companies British Telecom plc ("BT"), Ente Nazionale Idrocarburi S.p.A. ("ENI") and Albacom S.p.A. ("Albacom") notified their intention to change the current structure of control of Albacom by the acquisition by ENI of 35% of its capital.'
• Section II - The Operation: 'the acquisition by ENI of a 35% equity stake in Albacom through a share increase for a consideration of 173 billion lire (ECU 88 million)'

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