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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/07/2006

In electronic form on the EUR-Lex website under document number 32006M4240

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.07.2006

SG-Greffe(2006) D/203898

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

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

Subject: Case No. COMP/M.4240 - TECK COMINCO/ INCO Notification of 01/06/2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 133 of 08.06.2006, page 4

1.On 01/06/2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Teck Cominco Limited (“Teck Cominco”, Canada) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Inco Limited (“Inco”, Canada) by way of public bid announced on 23/05/2006, that is conditional upon, inter alia, Inco not acquiring Falconbridge Limited.

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.

The business activities of the undertakings concerned are:

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for Teck Cominco: mining, processing, refining and sale of zinc, copper, coal, and other metal products as well as sulphur products;

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for Inco : mining, processing, refining and sale of various nickel products, copper, cobalt and precious metals as well as sulphur 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 (EC) 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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