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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/04/2008

In electronic form on the EUR-Lex website under document number 32008M5025

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04/04/2008 SG-Greffe (2007) D/501648/501649

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

Dear Madam/Sir,

Notification of 26 February 2008 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No C65 ñ 11 March 2008 page 9.

1(1) On 26 February 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings SABMiller plc ('SABMiller', United Kingdom) and Molson Coors Brewing Company ('Molson Coors', United States) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture ('JV', United States) by way of transfer of assets.

(2) The business activities of the undertakings concerned are:

-- for SABMiller: worldwide production, distribution and sale of beer and other beverages,

1 OJ L 24, 29.1.2004, p. 1.

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

-- for Molson Coors: worldwide production, distribution and sale of beer and other beverages,

-- for JV: production, distribution and sale of beer in the United States and Puerto Rico.

2(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 a of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004.

3(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) Philip LOWE Director General

2 OJ C 56, 05.3.2005 p.32

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