# C_2006173EN.01001201.xml

| 26.7.2006 | EN | Official Journal of the European Union | C 173/12 |
| --- | --- | --- | --- |

26.7.2006

EN

Official Journal of the European Union

C 173/12

---

Prior notification of a concentration

(Case COMP/M.4228 — Mibau Holding GmbH/Foster Yeoman Baumineralien GmbH/Figdor Baustoffhandel GmbH (JV))

Candidate case for simplified procedure

(2006/C 173/05)

(Text with EEA relevance)

| 1. | On 14 July 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mibau Holding GmbH (‘Mibau’, Germany) controlled by HeidelbergCement group and Mr. Hans-Jürgen Hartmann and Foster Yeoman Baumineralien GmbH (‘FY’, Germany) belonging to Foster Yeoman group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Figdor Baustoffhandel GmbH (‘Figdor’, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 14 July 2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mibau Holding GmbH (‘Mibau’, Germany) controlled by HeidelbergCement group and Mr. Hans-Jürgen Hartmann and Foster Yeoman Baumineralien GmbH (‘FY’, Germany) belonging to Foster Yeoman group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Figdor Baustoffhandel GmbH (‘Figdor’, Germany) by way of purchase of shares.

1

| 2. | The business activities of the undertakings concerned are:






  — | for Mibau: production and distribution of construction materials, namely aggregates for the concrete and asphalt production, gravel, sand, flint and construction stones; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Mibau: production and distribution of construction materials, namely aggregates for the concrete and asphalt production, gravel, sand, flint and construction stones;

| — | for FY: distribution of aggregates for the concrete and asphalt production, asphalt and concrete products; |
| --- | --- |

—

for FY: distribution of aggregates for the concrete and asphalt production, asphalt and concrete products;

| — | for Figdor: treatment, storage and distribution of mineral building materials in the region of Wilhelmshaven, Germany. |
| --- | --- |

—

for Figdor: treatment, storage and distribution of mineral building materials in the region of Wilhelmshaven, Germany.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

2

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4228 — Mibau Holding GmbH/Foster Yeoman Baumineralien GmbH/Figdor Baustoffhandel GmbH (JV), to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4228 — Mibau Holding GmbH/Foster Yeoman Baumineralien GmbH/Figdor Baustoffhandel GmbH (JV), to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

(2)  OJ C 56, 5.3.2005, p. 32.

2

---