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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 13/09/2007

In electronic form on the EUR-Lex website under document number 32007M4864

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13-IX-2007

SG-Greffe(2007) D/205455

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

Subject: Case No. COMP/M.4864 – Dubal/ Mubadala/ Emal JV Notification of 08/08/2007 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 191, dated 17-08-2007, page 28.

1.On 8/8/2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Dubai Aluminium Company Limited ("DUBAL", Dubai) and Mubadala Development Corporation ("Mubadala", Abu Dhabi) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Emirates Aluminium Company Limited ("EMAL", Emirates) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are :

-- for DUBAL: production and sale of primary aluminium products;

-- for MUBADALA: investment company controlled by the Emirate of Abu Dhabi

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.

-- for EMAL: construction, ownership and operation of an aluminium smelting facility and associated power plants in Abu Dhabi and sale of aluminium products manufactured at this facility.

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, subparagraphs (a) and (c) 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

Philip LOWE Director General

2OJ C 56, 05.3.2005 p.32

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