# C_2014400EN.01001901.xml

| 13.11.2014 | EN | Official Journal of the European Union | C 400/19 |
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13.11.2014

EN

Official Journal of the European Union

C 400/19

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Prior notification of a concentration

(Case M.7399 — Anglo American/BHP Billiton/Samancor)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 400/10

| 1. | On 6 November 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Anglo American plc. (‘Anglo American’, United Kingdom) and BHP Billiton (Australia and United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Samancor Holdings Proprietary Limited (South Africa), Groote Eylandt Mining Company Pty (Australia) and Samancor AG (together ‘Samancor’) by other means. Samancor is currently solely controlled by BHP Billiton. |
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1.

On 6 November 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Anglo American plc. (‘Anglo American’, United Kingdom) and BHP Billiton (Australia and United Kingdom) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Samancor Holdings Proprietary Limited (South Africa), Groote Eylandt Mining Company Pty (Australia) and Samancor AG (together ‘Samancor’) by other means. Samancor is currently solely controlled by BHP Billiton.

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| 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, diamonds, copper, iron ore, metallurgical coal, niobium, nickel and thermal coal,
  —   for BHP Billiton: global diversified resources company with operations producing iron ore, coal, aluminium, manganese and nickel, copper (mining of copper, silver, lead, zinc, molybdenum, uranium and gold), petroleum and potash,
  —   for Samancor: production and supply of manganese ore and manganese alloys. |
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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, diamonds, copper, iron ore, metallurgical coal, niobium, nickel and thermal coal,

for Anglo American

—   for BHP Billiton: global diversified resources company with operations producing iron ore, coal, aluminium, manganese and nickel, copper (mining of copper, silver, lead, zinc, molybdenum, uranium and gold), petroleum and potash,

for BHP Billiton

—   for Samancor: production and supply of manganese ore and manganese alloys.

for Samancor

| 3. | On preliminary examination, the European Commission finds that the notified transaction could fall within the scope of the 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 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 European Commission finds that the notified transaction could fall within the scope of the 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 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 European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
  Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7399 — Anglo American/BHP Billiton/Samancor, to the following address:





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

4.

The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.

Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7399 — Anglo American/BHP Billiton/Samancor, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 366, 14.12.2013, p. 5.

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