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Case No COMP/M.2613 - ALCOA / BHP BILLITON / JV

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 23/10/2001

Also available in the CELEX database Document No 301M2613

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.10.2001 SG (2001) D/291902

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Sirs,

Subject: Case No. COMP/M.2613 - ALCOA/BHP BILLITON/JV

Notification of 21.09.2001 pursuant to Article 4 of Council Regulation (EEC) No. 14064/89 Publication in the Official Journal of the European Communities No. C273 of 28.09.2001.

1.On 21.09.2001, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertakings Alcoa Inc. USA (ëAlcoaí) and BHP Billiton plc UK and AUS (ëBHP Billitoní) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created joint venture company (ëJVí) by way of purchase of shares.

The business activities of the undertakings concerned are :

-for Alcoa : active at various level of the aluminium industry

-for BHP Billiton : dual listed (UK and AUS) international mining company

-for JV : it will distribute aluminium, steel and other metals in North America

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph a, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

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 (EEC) No. 4064/89.

For the Commission,

Signed by Mario Monti Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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