Commission Decision of 29/01/2004 declaring a concentration to be compatible with the common market (Case No IV/M.3264 - ANGLOGOLD / ASHANTI GOLDFIELDS) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Official Journal 036 , 10/02/2004 P. 0008 - 0008 Commission Decision of 29/01/2004 declaring a concentration to be compatible with the common market (Case No IV/M.3264 - ANGLOGOLD / ASHANTI GOLDFIELDS) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.3264 - AngloGold / Ashanti Notification of 17.12.2003 pursuant to Article 4 of Council Regulation (EEC) No.
4064/89 [1], as last amended by Regulation (EC) No 1310/97 [2] Publication in the Official Journal of the European Union No. C 317 of 30.12.2003, page 17 [1] OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13. [2] OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17. 1. On 17.12.2003, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertaking AngloGold Limited ('AngloGold', South Africa), controlled by Anglo American plc (United Kingdom), acquires, within the meaning of Article 3(1)(b) of the Regulation, control of the whole of the undertaking Ashanti Goldfields Company Limited ('Ashanti', Ghana) by way of exchange of shares.
The business activities of the undertakings concerned are: - AngloGold: global gold mining company, - Anglo American: global mining and natural resources company (gold, platinum, diamonds, coal, metals, minerals and forest products), - Ashanti: gold mining and exploration in Ghana, Guinea, Tanzania and Zimbabwe; platinum exploration in South Africa. 2. 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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 [3]. [3] OJ C 217, 29.07.2000, p.
32. 3. 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) Mario MONTI Member of the Commission