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Case No COMP/M.3470 - FIRST RESERVE / BLACKSTONE / RAG AMERICAN COAL

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 29/06/2004

Also available in the CELEX database Document No 304M3470

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.06.2004

SG-Greffe(2004) D/202551/202552

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

Subject: Case No. COMP/M.3470 ñ FIRST RESERVE/BLACKSTONE/RAG AMERICAN COAL Notification of 27/05/2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 149 of 04/06/2004

1.On 27/05/2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) n∞ 139/2004 by which the undertakings First Reserve Corporation (ìFirst Reserveî, USA), and Blackstone Group (ìBlackstoneî, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking RAG American Coal Holding Inc. (USA) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for First Reserve : private equity investor;

-- for Blackstone: private merchant banking;

-- for RAG American Coal: coal mining.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) n∞ 139/2004 and of paragraph

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.

4, subparagraph c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) n∞ 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 (EC) n∞ 139/2004.

For the Commission

(signed) Stavros Dimas Member of the Commission

2OJ C 217, 29.07.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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