# C_2012099EN.01001101.xml

| 3.4.2012 | EN | Official Journal of the European Union | C 99/11 |
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3.4.2012

EN

Official Journal of the European Union

C 99/11

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Prior notification of a concentration

(Case COMP/M.6501 — Scholz Austria/Asamer Familienholding/RPE Recyclingpark Eisenerz)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 99/06

| 1. | On 26 March 2012, 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 Scholz Austria GmbH (‘Scholz Austria’, Austria), ultimately controlled by Scholz AG and Voestalpine AG, and Asamer Familienholding GmbH (‘Asamer’, Austria) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking RPE Recyclingpark Eisenerz (‘RPE’, Austria) by way of purchase of shares. RPE is currently solely controlled by Asamer. |
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1.

On 26 March 2012, 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 Scholz Austria GmbH (‘Scholz Austria’, Austria), ultimately controlled by Scholz AG and Voestalpine AG, and Asamer Familienholding GmbH (‘Asamer’, Austria) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking RPE Recyclingpark Eisenerz (‘RPE’, Austria) by way of purchase of shares. RPE is currently solely controlled by Asamer.

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






  — | for Scholz Austria: active in recycling and trading of recyclable products such as steel, metal scrap, industrial waste and other materials, |
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2.

The business activities of the undertakings concerned are:

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for Scholz Austria: active in recycling and trading of recyclable products such as steel, metal scrap, industrial waste and other materials,

| — | for Asamer: active in gravel, rocks, concrete, cement, recycling, innovation and tourism, |
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for Asamer: active in gravel, rocks, concrete, cement, recycling, innovation and tourism,

| — | for RPE: operation of a mechanical waste treatment plant for different types of waste. |
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for RPE: operation of a mechanical waste treatment plant for different types of waste.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6501 — Scholz Austria/Asamer Familienholding/RPE Recyclingpark Eisenerz, to the following address:





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

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6501 — Scholz Austria/Asamer Familienholding/RPE Recyclingpark Eisenerz, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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