Commission Decision of 12/04/2005 declaring a concentration to be compatible with the common market (Case No IV/M.3743 - DUPONT / DDE) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) | |Brussels, 12/04/2005 SG-Greffe (2005)D/201721 To the notifying party Dear Madam(s) and/or Sir(s), Subject : Case No. COMP/M. 3743 – DuPont / DDE Notification of 04.03.2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 62, date 12/3/2005, page 9 1. On 04.03.2005, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 by which the undertaking E.I. du Pont de Nemours and Company (“DuPont”, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking DuPont Dow Elastomers L.L.C.
(“DDE”, USA) by way of purchase of shares. 2. The business activities of the undertakings concerned are: - for undertaking DuPont: worldwide diversified company active in several sectors such as agriculture, nutrition, electronics, communications, safety and protection, home and construction and transportation. - for undertaking DDE: research development, production and marketing of elastomers. 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 d of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No139/2004[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] OJ C 56, 05.3.2005 p.32. MERGER PROCEDURE ARTICLE 6(1)(b) DECISION SIMPLIFIED PROCEDURE PUBLIC VERSION