# C_2012038EN.01003101.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 38/31 |
| --- | --- | --- | --- |

11.2.2012

EN

Official Journal of the European Union

C 38/31

---

Prior notification of a concentration

(Case COMP/M.6507 — Anglo American/De Beers)

Candidate case for simplified procedure

(Text with EEA relevance)

2012/C 38/14

| 1. | On 7 February 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 undertaking Anglo American plc (‘Anglo American,’ United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of De Beers Group (‘De Beers’, Luxembourg) by way of purchase of shares. |
| --- | --- |

1.

On 7 February 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 undertaking Anglo American plc (‘Anglo American,’ United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of De Beers Group (‘De Beers’, Luxembourg) by way of purchase of shares.

1

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






  — | for Anglo American: the exploration, mining, processing and supply of various natural resources such as platinum group metals, rough diamonds (solely through its existing shareholding in De Beers), copper, iron ore, metallurgical coal, nickel and thermal coal, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Anglo American: the exploration, mining, processing and supply of various natural resources such as platinum group metals, rough diamonds (solely through its existing shareholding in De Beers), copper, iron ore, metallurgical coal, nickel and thermal coal,

| — | for De Beers: the exploration, mining, processing, valuation and supply of rough diamonds worldwide. |
| --- | --- |

—

for De Beers: the exploration, mining, processing, valuation and supply of rough diamonds worldwide.

| 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. |
| --- | --- |

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.

2

| 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.6507 — Anglo American/De Beers, to the following address:





  European Commission |
| --- | --- |
| 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.6507 — Anglo American/De Beers, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

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

2

---