# C_2008216EN.01002701.xml

| 23.8.2008 | EN | Official Journal of the European Union | C 216/27 |
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23.8.2008

EN

Official Journal of the European Union

C 216/27

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Prior notification of a concentration

(Case COMP/M.5308 — Teck Cominco/Fording Canadian Coal Trust)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 216/13)

| 1. | On 14 August 2008 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 Teck Cominco Limited (‘Teck’, Canada) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Fording Canadian Coal Trust (‘Fording’, Canada) by way of purchase of assets, which consist principally of a royalty in respect of Fording's interest in the Elk Valley Coal Partnership (‘EVCP’). |
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1.

On 14 August 2008 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 Teck Cominco Limited (‘Teck’, Canada) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Fording Canadian Coal Trust (‘Fording’, Canada) by way of purchase of assets, which consist principally of a royalty in respect of Fording's interest in the Elk Valley Coal Partnership (‘EVCP’).

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






  — | for Teck: mining, smelting and refining of zinc, production of other metals and by-products through its mining activities, |
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2.

The business activities of the undertakings concerned are:

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for Teck: mining, smelting and refining of zinc, production of other metals and by-products through its mining activities,

| — | for Fording: mutual trust fund established in connection with the creation of EVCP, |
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for Fording: mutual trust fund established in connection with the creation of EVCP,

| — | for EVCP: production of coking coal from its mines in Canada. |
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for EVCP: production of coking coal from its mines in Canada.

| 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5308 — Teck Cominco/Fording Canadian Coal Trust, 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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5308 — Teck Cominco/Fording Canadian Coal Trust, 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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