# C_2006186EN.01000601.xml

| 9.8.2006 | EN | Official Journal of the European Union | C 186/6 |
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9.8.2006

EN

Official Journal of the European Union

C 186/6

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Prior notification of a concentration

(Case COMP/M.4310 — Phelps Dodge/Inco)

Candidate case for simplified procedure

(2006/C 186/06)

(Text with EEA relevance)

| 1. | On 1 August 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 undertaking Phelps Dodge Corporation (‘Phelps Dodge’, USA) acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Inco Limited (‘Inco’, Canada) by way of public bid announced on 26 June 2006. |
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1.

On 1 August 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 undertaking Phelps Dodge Corporation (‘Phelps Dodge’, USA) acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Inco Limited (‘Inco’, Canada) by way of public bid announced on 26 June 2006.

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






  — | for Phelps Dodge: mining, processing and refining of copper and molybdenum, and the production and sale of electrical wires and cables. |
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2.

The business activities of the undertakings concerned are:

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for Phelps Dodge: mining, processing and refining of copper and molybdenum, and the production and sale of electrical wires and cables.

| — | for Inco: mining, processing, refining and sale of various nickel products, copper, cobalt and precious metals. |
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for Inco: mining, processing, refining and sale of various nickel products, copper, cobalt and precious metals.

| 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. |
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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.

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| 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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4310 — Phelps Dodge/Inco, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4310 — Phelps Dodge/Inco, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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

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