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Case No COMP/M.2213 - DU PONT / SABANCI HOLDINGS / JV

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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 22/12/2000

Also available in the CELEX database Document No 300M2213

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22/12/2000 SG(2000)D/109454

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

Dear Sirs,

Subject: Case No. COMP/M. 2213 - DuPont/Sabanci Holdings/JV Notification of 21.11.2000 pursuant to Article 4 of Council Regulation (EEC) No. 14064/89 Publication in the Official Journal of the European Communities No. C 341, 01.12.2000, page 4.

1.On 21.11.2000, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings E. I. Du Pont de Nemours and Company (“DuPont”) and Haci Ömer Sabanci Holding A.S. (“Sabanci”) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of KORDSA Sabanci – DuPont Endüstriyel Iplik ve Kord Bezi Sanayi ve Ticaret A.S. (“KORDSA Sabanci – DuPont”), a pre-existing company which is presently under sole control of Sabanci.

The business activities of the undertakings concerned are:

For DuPont: engaged in the research, development, production, distribution and sale of a variety of chemical products, man-made fibres, plastics, agrochemicals, paints, seeds and pharmaceuticals.

For Sabanci: a Turkish conglomerate holding company active inter alia in chemicals, man-made fibres, cement, automotive industry, food and retailing, banking and insurance.

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

For KORDSA Sabanci – DuPont: manufacture, marketing and sales of various industrial nylon products.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph c, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

3.To the extent that restrictions specified by the parties are directly related and necessary to the implementation of the concentration, these restrictions are covered pursuant to Article 6(1)(b), second subparagraph, of Council Regulation (EEC) No. 4064/89.

For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89.

For the Commission,

2OJ C 217, 29.07.2000, p. 32.

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