2004/195/EC: Commission Decision of 29 September 2000 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.1879 — Boeing/Hughes) (Text with EEA relevance) (notified under document number C(2000) 2740)

• Articles: 2

Article 1

The notified operation whereby the Boeing Company acquires control of the satellite prime contracting and equipment business of Hughes Electronics Corporation (consisting of all outstanding shares of Hughes Space and Communications Company (HSC), all outstanding shares of Spectrolab Inc., the assets of Hughes Electron Dynamics (HED), and the minority stakes held by Hughes in ICO Global Communications (Holdings) Ltd and in Thuraya Satellite Telecommunications Private Joint Stock Co.) is hereby declared compatible with the common market and the functioning of the EEA Agreement.

Article 2

This Decision is addressed to: The Boeing Company 7755 East Marginal Way South Seattle, WE 98108 USA For the attention of Mr Theodore J Collins

Senior Vice-President, Law and Contracts

Done at Brussels, 29 September 2000.

For the Commission

Mario Monti

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 1 (corrected version in OJ L 257, 21.9.1990, p. 13).

(2) OJ L 180, 9.7.1997, p. 1.

(3) OJ C 53, 28.2.2004.

(4) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

(5) OJ C 66, 2.3.1998, p. 25.

(6) Turnover calculated in accordance with Article 5(1) of the Merger Regulation and the Commission Notice on the calculation of turnover (OJ C 66, 2.3.1998, p. 25). To the extent that figures include turnover for the period before 1 January 1999, they are calculated on the basis of average ECU exchange rates and translated into EUR on a one-for-one basis.

(7) See, for example, Case COMP/M.1636-MMS/DASA/Astrium, Commission Decision of 21 March 2000 - not yet published.

(8) See Case IV/M.437-Matra Marconi Space/British Aerospace Systems, paragraph 22, Commission Decision of 22 August 1994 and Case COMP/M.1636-MMS/DASA/Astrium.

(9) See Case COMP/M.1636-MMS/DASA/Astrium.

(10) For the purpose of this case, western Europe means the EEA and Switzerland (and therefore includes all the Member States of the European Space Agency).

(11) See Case IV/M.1564 - Astrolink, Commission Decision of 25 June 1999 and Case COMP/M.1636-MMS/DASA/Astrium.

(12) For instance, Ariane launchers are usually developed in the context of ESA programmes, and the development of each of the Delta IV and Atlas V launchers appears to have been substantially funded by the United States Government through its Evolved Expendable Launch Vehicle programme.