# C_2004149EN.01000501.xml

| 4.6.2004 | EN | Official Journal of the European Union | C 149/5 |
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4.6.2004

EN

Official Journal of the European Union

C 149/5

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Prior notification of a concentration

(Case No. COMP/M.3470 – First Reserve/ Blackstone / RAG American Coal)

Candidate case for simplified procedure

(2004/C 149/05)

(Text with EEA relevance)

| 1. | On 27/05/2004, 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 Blackstone ACM Capital Partners IV LP (‘Blackstone’, US) and First Reserve Corporation Fund IX LP (‘First Reserve’, US) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking RAG American Coal Holding Inc. (‘RAG’, US)by way of purchase of securities. |
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1.

On 27/05/2004, 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 Blackstone ACM Capital Partners IV LP (‘Blackstone’, US) and First Reserve Corporation Fund IX LP (‘First Reserve’, US) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking RAG American Coal Holding Inc. (‘RAG’, US)by way of purchase of securities.

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






  — | for Blackstone: banking |
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2.

The business activities of the undertakings concerned are:

—

for Blackstone: banking

| — | for First Reserve: investment |
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—

for First Reserve: investment

| — | for RAG: coal mining |
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—

for RAG: coal mining

| 3. | On preliminary examination, the Commission finds that the notified concentration 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 (EEC) No 4064/89 (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 concentration 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 (EEC) No 4064/89 (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 (fax no. +32/2/2964301 or 2967244) or by post, under reference number COMP/ M.3470 – First Reserve/ Blackstone / RAG American Coal, 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 (fax no. +32/2/2964301 or 2967244) or by post, under reference number COMP/ M.3470 – First Reserve/ Blackstone / RAG American Coal, 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 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No 139/2004.

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