Disclaimer :

The Competition DG makes the information provided by the notifying parties in section 1.2 of Form CO available to the public in order to increase transparency. This information has been prepared by the notifying parties under their sole responsibility, and its content in no way prejudges the view the Commission may take of the planned operation. Nor can the Commission be held responsible for any incorrect or misleading information contained therein.

SECTION 1.2

Description of the concentration

1.1. The proposed investment involves Elliott acquiring 50% of the share capital of Thiess, which would provide joint control of Thiess to CIMIC and Elliott.

2.2. Elliott, headquartered in New York, the United States, is collectively a leading global investment firm focussed on investment and risk management activities. It employs a multi-strategy trading approach that encompasses a broad range of strategies while investing in and divesting the securities and derivatives of companies in various industries throughout the world.

3.3. CIMIC, headquartered in Sydney and listed on the Australian Securities Exchange, is active in construction and engineering, asset and facility management, mineral processing, as well as mining services activities (through the Target).

4.4. Thiess is a contract mining services company, based in South Bank, Queensland, Australia and currently a wholly owned subsidiary of CIMIC. Thiess offers surface and underground mining services to mine owners throughout the lifecycle and value chain of a mine, spanning from the initial mine planning stage to development, blasting and drilling, as well as the rehabilitation at the end of the mine’s lifecycle. Thiess also offers dry hire rental services of mining and quarry equipment including earth moving equipment.

5.5. The business activities of the undertakings concerned are: • for Elliott: investments including non-distressed debt, distressed securities, hedge/arbitrage positions, equity-oriented positions, private equity and private credit positions, currency trading; • for CIMIC: construction and engineering, asset and facility management, mineral processing, as well as mining services (through Thiess); and • for Thiess: mining services spanning feasibility, planning, development, extraction, asset management & maintenance and remediation.

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.