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Case No COMP/M.3359 - ANGLO AMERICAN / BAUERNFEIND

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/02/2004

Also available in the CELEX database Document No 304M3359

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 4-2-2004

SG-Greffe(2004) D/200437

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Sirs,

Subject: Case No. COMP/M.3359 ñ ANGLO AMERICAN/BAUERNFEIND Notification of 23/12/2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 006, 10/1/2004, page 24

1.On 23/12/2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertaking Mondi Packaging Holding AG (ìMondiî), controlled by Anglo American Plc (ìAnglo Americanî), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Austrian undertaking Roman Bauernfeind Holding AG (ìBauernfeindî) by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for undertaking Mondi: paper and packaging products

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

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

-- for undertaking Anglo American: mining in various precious and non-precious metals and minerals; paper and packaging products; financial services

-- for undertaking Bauernfeind: corrugated paper and packaging

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 c of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89.

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, Mario MONTI Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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