4.6.2004   

EN

Official Journal of the European Union

C 149/5

1.

On 27/05/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Blackstone ACM Capital Partners IV LP (‘Blackstone’, US) and First Reserve Corporation Fund IX LP (‘First Reserve’, US) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking RAG American Coal Holding Inc. (‘RAG’, US)by way of purchase of securities.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EEC) No 4064/89 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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 (fax no. +32/2/2964301 or 2967244) or by post, under reference number COMP/ M.3470 – First Reserve/ Blackstone / RAG American Coal, to the following address: