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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 25/01/2008

In electronic form on the EUR-Lex website under document number 32008M4975

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25/01/2008

SG-Greffe(2008) D/200198

PUBLIC VERSION

SIMPLIFIED PROCEDURE

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

To the notifying parties

Dear Sir/Madam,

1.1. On 13 December 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Mitsui & Co, Ltd. ("Mitsui", Japan) and Rubis group ("Rubis", France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Rubis Terminal Antwerp (Belgium) by way of purchase of shares in a newly created company constituting a joint venture.

2. The business activities of the undertakings concerned are:

-- for Mitsui: trading in a number of worldwide commodities including, inter alia, power and energy-related products, iron and steel, and non-ferrous metals,

-- for Rubis: storage of liquid industrial products and distribution of LPG and petroleum products in Europe, Africa and the Caribbean,

-- for Rubis Terminal Antwerp: tank terminal services for liquid industrial products at the port of Antwerp.

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.

3.3. 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 (c) of the Commission Notice on a simplified procedure for

treatment of certain concentrations under Council Regulation (EC) No. 139/20042.

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

2OJ C 56, 05.3.2005 p.32

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