CELEX: 32014M7399
Language: en
Date: 2014-12-03 00:00:00
Title: Commission Decision of 03/12/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7399 - ANGLO AMERICAN / BHP BILLITON / SAMANCOR) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 03.12.2014
                                        C(2014) 9369 final

                                        [pic]

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|To the notifying parties:                                          |                                                                        |

Subject:    Case M.7399 - ANGLO AMERICAN/ BHP BILLITON/ SAMANCOR
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 6 November 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation
    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 Proprietary Limited (Australia) and Samancor AG (Switzerland) (together "Samancor")  by  other
    means. Samancor is currently solely controlled by BHP Billiton.[2]

 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.

 3. After examination of the notification, the European Commission has concluded that the notified operation  falls  within  the  scope  of  the
    Merger Regulation and of point 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
    Regulation (EC) No 139/2004.[3]

 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose  the  notified  operation
    and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b)
    of the Merger Regulation.

                                        For the Commission
                                        (Signed)
                                        Alexander ITALIANER
                                        Director-General

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[1]   OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the  European  Union
    ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market"  by  "internal  market".  The
    terminology of the TFEU will be used throughout this decision.

[2]   Publication in the Official Journal of the European Union No C 400, 13.11.2014, p. 19.

[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE