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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 06/04/2001

Also available in the CELEX database Document No 301M2354

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 06/04/2001 SG (2001) D/ 287581

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party:

1.On 8.03.2001 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the Italian company, EniChem S.p.A. ("EniChem"), belonging to the ENI Group, acquires within the meaning of Article 3(1)(b) of the Council Regulation, by way of an exchange of businesses, sole control of the whole of the Italian company, Polimeri Europe S.r.l.("Polimeri"), which it has jointly-controlled up to the present with the Dow Chemical Company ("DOW") as a 50:50 joint venture.

The business activities of the undertakings concerned are :

-- EniChem : development, production and sale of chemicals products;

-- Polimeri : production and sale of polyethylene resins.

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

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

concentrations under Council Regulation (EEC) No 4064/892.

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) M. MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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