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Case No COMP/M.5405 - HARGREAVES / EVONIK / JV

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 22/12/2008

In electronic form on the EUR-Lex website under document number 32008M5405

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.12.2008 SG-Greffe(2008) D/208586/208587/208588 C(2008) 8956

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

1.On 20.11.2008, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Evonik Power Minerals GmbH ("EPM GmbH", United Kingdom) belonging to the group Evonik Industries AG and Hargreaves Services Plc ("HS", United Kingdom) belonging to the Hargreaves Group, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Evonik Hargreaves Ltd. (United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for EPM GmbH: provision of services to coal fired power plants regarding the waste management and the marketing of coal combustion products,

-- for HS: mineral import, waste management and transportation and mining in the UK.

-- for Evonik Hargreaves: processing and provision of services relating to fly ash and the purchase and sale of fly and bottom ash.

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.

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(a) 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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