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Case No COMP/M.3598 - REPSOL / BOREALIS POLÕMEROS

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/11/2004

In electronic form on the EUR-Lex website under document number 32004M3598

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.11.2004

SG-Greffe(2004) 205318

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. 3598 ñ Repsol QuÌmica / Borealis PolÌmeros Notification of 19.10.2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C265 of 28.10.2004, page 2.

1.On 19.10.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Repsol QuÌmica S.A. (ìRepsolî, Spain), belonging to the Spanish group Repsol YPF, acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Borealis PolÌmeros Lda. (ìBorealisî, Portugal) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for undertaking Repsol: production and sale of petroleum products and petrochemicals, including oleofins and polyolefins.

-- for undertaking Borealis: production of thermoplastics and petrochemical feedstock, in particular olefins and polyolefins.

1OJ L 24, 29.1.2004 p. 1

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

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 (i) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004.

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 Mario Monti Member of the Commission

Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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