# C_2004137EN.01000301.xml

| 15.5.2004 | EN | Official Journal of the European Union | C 137/3 |
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15.5.2004

EN

Official Journal of the European Union

C 137/3

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Prior notification of a concentration

(Case No. COMP/M.3435 – Lyondell/Millennium)

(2004/C 137/03)

(Text with EEA relevance)

| 1. | On 5 May 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertaking Lyondell Chemical Company (‘Lyondell’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Millennium Chemicals Inc. (‘Millennium’, USA) by way of exchange of shares. The operation also includes the acquisition of the whole of Equistar Chemical Company Inc (‘Equistar’, USA), a company currently jointly controlled by Lyondell and Millennium. |
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1.

On 5 May 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2), by which the undertaking Lyondell Chemical Company (‘Lyondell’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Millennium Chemicals Inc. (‘Millennium’, USA) by way of exchange of shares. The operation also includes the acquisition of the whole of Equistar Chemical Company Inc (‘Equistar’, USA), a company currently jointly controlled by Lyondell and Millennium.

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






  — | Lyondell: production of basic chemicals and their derivatives; |
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2.

The business activities of the undertakings concerned are:

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Lyondell: production of basic chemicals and their derivatives;

| — | Millennium: production of commodity and specialty chemicals; |
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Millennium: production of commodity and specialty chemicals;

| — | Equistar: production of petrochemicals and polymers; |
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Equistar: production of petrochemicals and polymers;

| 3. | On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

| 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 (fax no. (32-2) 2964301 or 2967244) or by post, under reference number COMP/M.3435 – Lyondell/Millennium, 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 (fax no. (32-2) 2964301 or 2967244) or by post, under reference number COMP/M.3435 – Lyondell/Millennium, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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(1)  OJ L 395, 30.12.1989, p. 1 ; corrigendum: OJ L 257, 21.9.1990, p. 13.

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(2)  OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

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