Commission Decision of 19/05/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3145 - XSTRATA / MIM) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 131 , 05/06/2003 P. 0005 - 0005 Commission Decision of 19/05/2003 declaring a concentration to be compatible with the common market (Case No IV/M.3145 - XSTRATA / MIM) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying party Via their legal representative Dear Sirs, Subject: Case No. COMP/M. 3145 - XSTRATA/MIM Notification of 08.04.2003 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1] Publication in the Official Journal of the European Communities No. C 90/02, 15.04.2003, page 2 [1] OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17. 1. On 08/04/2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89 by which the undertaking Xstrata plc ("Xstrata", Switzerland) controlled (in the sense of Council Regulation (EEC) No 4064/89) by Glencore International AG ("Glencore", Switzerland) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings MIM Holdings Limited ("MIM", Australia) by way of purchase of shares.
2. The business activities of the undertakings concerned are : - Xstrata: Natural resources group, mainly active in coal, zinc and ferroalloys. - MIM: Mining and mineral processing company producing copper, coal, lead, zinc, silver and gold. 3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph c of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [2]. [2] OJ C 217, 29.07.2000, p.
32. 4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89. For the Commission (Signed) Michel BARNIER Member of the Commission