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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 08/09/2006

In electronic form on the EUR-Lex website under document number 32006M4331

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.09.2006

SG-Greffe(2006) D/205052

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No. COMP/M.4331 – Arcelor/Bamesa/Bamesa Otel Notification of 09.08.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 193, 17/08/2006, p. 33

1.On 09.08.2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which Arcelor Flat Carbon Steel Europe (“Arcelor FCSE”, Luxembourg) controlled by Arcelor S.A. (“Arcelor”, Luxembourg) and Bamesa Aceros, S.L. (“Bamesa”, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Bamesa Otel, S.A. (“Bamesa Otel”, Romania) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for Arcelor: manufacturing and sale of steel products at a worldwide level;

-- for Bamesa: steel processing and distribution;

-- for Bamesa Otel: steel processing and distribution in Romania.

1OJ L 24, 29.1.2004 p. 1

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

2.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 (a) of the Commission Notice on a simplified procedure for treatment of certain

concentrations under Council Regulation (EC) No. 139/2004.

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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