Commission Decision of 24/01/2005 declaring a concentration to be compatible with the common market (Case No IV/M.3662 - XSTRATA / WMC RESOURCES) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Directorate E - Industry | |Brussels, 24.01.2005 SG-Greffe(2005) D/200315 To the notifying party Dear Madam(s) and/or Sir(s), Subject : Case No. COMP/M.3662 – XSTRATA/WMC RESOURCES Notification of 10/12/2004 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Communities No. C 315, 21/12/2004, page 2.
1. On 10/12/2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertaking Xstrata plc (“Xstrata”, Switzerland) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the undertaking WMC Resource Limited (“WMC”, Australia) by way of purchase of shares. 2. The business activities of the undertakings concerned are: The Xstrata Group is an international natural resources group based in Zug, Switzerland. The Xstrata group is the world’s largest exporter of thermal coal.
Furthermore it produces coal, copper, zinc, gold, silver and alloys. WMC is a major diversified Australian minerals explorer and producer. The main business is the discovery, development, production, processing and marketing of minerals, metals and chemicals. WMC primarily produces nickel, copper, uranium oxide, gold, silver and phosphate fertilisers. 3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004[2].
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 (EC) No. 139/2004. For the Commission, signed NEELIE KROES Member of the Commission [1] OJ L 24, 29.1.2004 p. 1. [2] Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf. MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE PUBLIC VERSION