L 17316 Official Journal of the European Union 27.6.2006 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 25 August 2005 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3687 — Johnson & Johnson/Guidant) (notified under document number C(2005) 3230) (Only the English text is authentic) (Text with EEA relevance) (2006/430[EC) On 25 August 2005 the Commission adopted a Decision in a merger case pursuant to Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between under- takings (1), and in particular Article 8(1) of that Regulation. A non-confidential version of the full Decision can be found in the authentic language of the case and in the working languages of the Commission on the website of the Directorate-General for Competition, at the following address: http:/[europa.eu.int/comm/competition/index_en.html I. INTRODUCTION On 15 March 2005, the Commission received a notifi- cation of a proposed concentration pursuant to Article 4 of Regulation (EC) No 139/2004 (Merger Regulation) by which the undertaking Johnson & Johnson (J & J, USA) acquires within the meaning of Article 3(1)(b) of that Regulation control of the whole of the undertaking Guidant Corporation (Guidant, USA) by way of purchase of shares. A. The Parties J & J is a company incorporated in the USA. In 2003, it had 111000 employees worldwide and generated a turnover of around EUR 37 billion. Its activities span over three main businesses: consumer goods (18 % of turnover), pharmaceuticals (47 %) and medical devices and diagnostics (MD & D, 36 % of turnover). Guidant is a company incorporated in the United States of America (USA) that is active in the design and devel- opment of cardiovascular medical products. In 2003, it () O] L 24, 29.1.2004, p. 1. had around 12000 employees worldwide and a turnover of around EUR 3,3 billion. Guidant’s presence covers four main areas within the fast-growing cardio- vascular medical products business: cardiac rhythm management, interventional cardiology, endovascular devices and cardiac surgery. B. The operation The concentration is an acquisition of sole control by J & J over Guidant, within the meaning of Article 3(1)(b) of the EC Merger Regulation. II. THE RELEVANT MARKETS The market investigation confirmed that the areas mostly affected by the merger are the following: 1. interven- tional cardiology devices; 2. endovascular devices; 3. cardiac surgery devices; and 4. cardiac rhythm management devices. In the latter, there are no overlaps, as ] & J is currently not active in the business.