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Case No COMP/M.4359 - PETROPLUS / EXXONMOBIL

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 15/12/2006

In electronic form on the EUR-Lex website under document number 32006M4359

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15/12/2006

SG-Greffe(2006) D/208052

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

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

Subject: Case No. COMP/M.4359 – Petroplus/Exxon Mobil Notification of 17/11/2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 288, 25/11/2006, page 25

1.On 17/11/2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking Petroplus International B.V. (“Petroplus”, Netherlands) ultimately controlled by Riverstone Holdings LLC (Riverstone, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of part of ExxonMobil – ExxonMobil Central Europe Holding GmbH (“ExxonMobil CEH”, Germany) by way of purchase of assets.

The business activities of the undertakings concerned are :

-- for Petroplus: refining, storing, marketing and international trading of crude oil;

-- for ExxonMobil CEH: operation of Ingolstadt refinery and wholesale supply of refined oil products;

1OJ L 24, 29.1.2004 p. 1

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

- for Riverstone Holdings LLC: private equity company.

2.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 (c) of the Commission Notice on a simplified procedure for treatment of certain

concentrations under Council Regulation (EC) No. 139/2004.

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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