30.3.2005   

EN

Official Journal of the European Union

C 76/3

Prior notification of a concentration

(Case COMP/M.3767 — BHP/WMC)

(2005/C 76/03)

(Text with EEA relevance)

1.

On 21 March 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking BHP Billiton Limited (‘BHP’, Australia) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking WMC Resources Ltd (‘WMC’, Australia) by way of public bid announced on 8 March 2005.

2.

The business activities of the undertakings concerned are:

—

for undertaking BHP: international, diversified resources company with operations in mining, metals and energy;

—

for undertaking WMC: production of mining products and fertilizers.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3767 — BHP/WMC, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Brussels

(1)  OJ L 24, 29.1.2004, p. 1.