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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 20/11/2006

In electronic form on the EUR-Lex website under document number 32006M4421

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

EUROPEAN COMMISSION

Brussels, 20/11/2006

SG-Greffe(2006) D/206971/72

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties:

Dear Madams and Sirs,

Subject: Case No. COMP/M.4421 – OJSC Novolipetsk Steel/Duferco Participations Holding Ltd/JV Notification of 13.10.2006 pursuant to Article 4 of Council Regulation (EC) No. 1139/2004 Publication in the Official Journal of the European Union No. C.256 of 24.10.2006

1.On 13.10.2006 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which OJSC Novolipetsk Steel (“NLMK, Russia”) and Duferco Participations Holding Ltd (“Duferco”, Guernsey) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the part of the Duferco group (“the JV companies”) currently solely controlled by Duferco and its affiliates, by way of purchase and sale of shares and the prior or subsequent transfer of the JV companies into the undertaking Steel Invest & Finance (Luxembourg) S.A. (“the Joint Venture Company”, Luxembourg).

The business activities of the undertakings concerned are:

-- NLMK: carbon steel semi-finished and finished flat products, electrical steel products

1OJ L 24, 29.1.2004 p. 1

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-- Duferco: carbon steel semi-finished and finished flat and long products, electrical steel products, stainless steel and high-alloy steel

-- the JV companies: carbon steel semi-finished and finished flat and long products

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 139/2004.

4.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 (EC) No. 139/2004.

For the Commission signed Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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