# C_2010224EN.01000701.xml

| 19.8.2010 | EN | Official Journal of the European Union | C 224/7 |
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19.8.2010

EN

Official Journal of the European Union

C 224/7

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Prior notification of a concentration

(Case COMP/M.5955 — Metinvest/IISW)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 224/05

| 1. | On 11 August 2010 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Metinvest BV (‘Metinvest’, the Netherlands), controlled by SCM holding (‘SCM’, Ukraine) and Energees Investment Limited (‘Energees’, Cyprus/Ukraine) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of CJSC Ilyich Steel and OSC Ilyich Iron and Steel Works (both referred to as ‘IISW’, Ukraine), by way of purchase of shares. |
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1.

On 11 August 2010 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Metinvest BV (‘Metinvest’, the Netherlands), controlled by SCM holding (‘SCM’, Ukraine) and Energees Investment Limited (‘Energees’, Cyprus/Ukraine) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of CJSC Ilyich Steel and OSC Ilyich Iron and Steel Works (both referred to as ‘IISW’, Ukraine), by way of purchase of shares.

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






  — | for Metinvest: active at all stages of the steel production and trading chain, |
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2.

The business activities of the undertakings concerned are:

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for Metinvest: active at all stages of the steel production and trading chain,

| — | for SCM: a privately owned conglomerate, active inter alia in mining, metallurgy, energy, real estate and finance, |
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for SCM: a privately owned conglomerate, active inter alia in mining, metallurgy, energy, real estate and finance,

| — | for Energees: a privately owned conglomerate whose main activities focus on mining and metallurgy, |
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for Energees: a privately owned conglomerate whose main activities focus on mining and metallurgy,

| — | for IISW: active in the production and sale of semi-finished and flat steel products. |
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for IISW: active in the production and sale of semi-finished and flat steel products.

| 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.5955 — Metinvest/IISW, 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.5955 — Metinvest/IISW, 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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