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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/05/2003

Also available in the CELEX database Document No 303M3145

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19/05/2003 SG (2003) D/229815

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Via their legal representative

Dear Sirs,

Subject: Case No. COMP/M.3145 - XSTRATA/MIM Notification of 08.04.2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/891 Publication in the Official Journal of the European Communities No. C 90/02, 15.04.2003, page 2

1.On 08/04/2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertaking Xstrata plc (“Xstrata”, Switzerland) controlled (in the sense of Council Regulation (EEC) No 4064/89) by Glencore International AG (“Glencore”, Switzerland) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings MIM Holdings Limited (“MIM”, Australia) by way of purchase of shares.

The business activities of the undertakings concerned are :

-- Xstrata: Natural resources group, mainly active in coal, zinc and ferroalloys.

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.

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

-- MIM: Mining and mineral processing company producing copper, coal, lead, zinc, silver and gold.

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)

Michel BARNIER Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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