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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 12/04/2005

In electronic form on the EUR-Lex website under document number 32005M3743

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12/04/2005

SG-Greffe (2005)D/201721

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

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

1.On 04.03.2005, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 by which the undertaking E.I. du Pont de Nemours and Company (ìDuPontî, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking DuPont Dow Elastomers L.L.C. (ìDDEî, USA) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for undertaking DuPont: worldwide diversified company active in several sectors such as agriculture, nutrition, electronics, communications, safety and protection, home and construction and transportation.

-- for undertaking DDE: research development, production and marketing of elastomers.

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 d of the Commission Notice on a simplified procedure for treatment of

certain concentrations under Council Regulation (EC) No139/20042.

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) Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32.

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