EUROPEAN COMMISSION DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 23/01/2017

In electronic form on the EUR-Lex website under document number 32017M8340

EUROPEAN COMMISSION

Brussels, 23.01.2017 C(2017) 435 final

PUBLIC VERSION

To the Notifying Parties

Subject: Case M.8340 – Riverstone/AMCI/Fitzroy Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004and Article 57 of the Agreement on the European Economic Area

Dear Sir or Madam,

1.1. On 21 December 2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Riverstone Investment Group LLC ("Riverstone", USA) and AMCI worldwide holdings ("AMCI", USA) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of Fitzroy QLD Resources Limited ("Fitzroy", United Kingdom) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

–– Riverstone is a private equity firm focused on investments in the energy and power sectors;

–– AMCI is a privately held natural resources company, with operations across the value chain of energy and metal commodities with investments in coals and minerals, metals, and shipping;

–– Fitzroy is a producer of coking coal for seaborne export worldwide. All of Fitzroy’s operations and assets are in Australia. Fitzroy is currently 100% owned by AMCI.

3.3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of

1OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

2OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

3Publication in the Official Journal of the European Union No C 2, 05.01.2017, p. 6.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

4the 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 European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

For the Commission

(Signed)

Johannes LAITENBERGER Director-General

4OJ C 366, 14.12.2013, p. 5.

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