# C_2008112EN.01003501.xml

| 7.5.2008 | EN | Official Journal of the European Union | C 112/35 |
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7.5.2008

EN

Official Journal of the European Union

C 112/35

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Prior notification of a concentration

(Case COMP/M.5088 — Scholz Recycling/ERG/ESR)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 112/17)

| 1. | On 25 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Scholz Recycling GmbH (‘Scholz Recycling’, Germany) belonging to the Scholz group, and EKO Recycling GmbH (‘EKO Recycling’, Germany) belonging to the ArcelorMittal group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of EKO Schrottrecycling GmbH (‘EKO Schrottrecycling’, Germany) by way of purchase of shares. |
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1.

On 25 April 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Scholz Recycling GmbH (‘Scholz Recycling’, Germany) belonging to the Scholz group, and EKO Recycling GmbH (‘EKO Recycling’, Germany) belonging to the ArcelorMittal group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of EKO Schrottrecycling GmbH (‘EKO Schrottrecycling’, Germany) by way of purchase of shares.

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






  — | for Scholz Recycling: collection, processing and trading of metal scrap, |
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2.

The business activities of the undertakings concerned are:

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for Scholz Recycling: collection, processing and trading of metal scrap,

| — | for EKO Recycling: trading of metal scrap in Germany, |
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for EKO Recycling: trading of metal scrap in Germany,

| — | for the ArcelorMittal group: worldwide production of steel, |
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for the ArcelorMittal group: worldwide production of steel,

| — | for EKO Schrottrecycling: operation of scrap yards in Cottbus and Eisenhüttenstadt, Germany. |
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for EKO Schrottrecycling: operation of scrap yards in Cottbus and Eisenhüttenstadt, 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. |
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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.5088 — Scholz Recycling/ERG/ESR, 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.5088 — Scholz Recycling/ERG/ESR, 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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