# C_2005211EN.01000301.xml

| 30.8.2005 | EN | Official Journal of the European Union | C 211/3 |
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30.8.2005

EN

Official Journal of the European Union

C 211/3

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Prior notification of a concentration

(Case COMP/M.3952 — System Capital Management — Metinvest/Leman Commodities)

Candidate case for simplified procedure

(2005/C 211/03)

(Text with EEA relevance)

| 1. | On 23 August 2005, 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 Metinvest B.V. (Metinvest, The Netherlands) controlled by System Capital Management (SCM, Ukraine) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Leman Commodities S.A. (Leman, Switzerland) by way of purchase of shares. |
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1.

On 23 August 2005, 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 Metinvest B.V. (Metinvest, The Netherlands) controlled by System Capital Management (SCM, Ukraine) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Leman Commodities S.A. (Leman, Switzerland) by way of purchase of shares.

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






  — | for Metinvest: active in the financing and participation in other companies, some of which are active in the steel sector; |
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2.

The business activities of the undertakings concerned are:

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for Metinvest: active in the financing and participation in other companies, some of which are active in the steel sector;

| — | for SCM: conglomerate company primarily active in the steel sector; other activities include operations in the telecoms, energy generation, shipping, finance and insurance and breweries; |
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for SCM: conglomerate company primarily active in the steel sector; other activities include operations in the telecoms, energy generation, shipping, finance and insurance and breweries;

| — | for Leman: active primarily in the trading steel sector. |
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for Leman: active primarily in the trading steel sector.

| 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M. 3952 — System Capital Management — Metinvest/Leman Commodities, to the following address:





  European Commission |
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| 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. 3952 — System Capital Management — Metinvest/Leman Commodities, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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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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