No L 11/30 Official Journal of the European Communities 14. 1. 97 COMMISSION DECISION of 24 April 1996 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case No IV/M.619 — Gencor/Lonrho) (Text with EEA relevance) (Only the English text is authentic) (97/126/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, and in particular Article 57 thereof, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ('), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 8 (3) thereof, Having regard to the Commission Decision of 20 December 1995 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, Having regard to the opinion of the Advisory Committee on Concentrations (%), Whereas: (1)  The procedure under consideration concerns Gencor Limited of South Africa (‘Gencor’) and Lonrho plc of the United Kingdom (‘Lonrho’) who have jointly notified a transaction whereby they will acquire joint control of the company Impala Platinum Holdings Limited (‘Implats’). Implats currently holds all of Gencor’s platinum group metal (PGMs) mining and refining interests. Lonrho’s platinum activities are held in the companies Eastern Platinum Limited (‘Eastplats’) and Western Platinum Limited (‘Westplats’), together forming the Lonrho Platinum Division () OJ No L 395, 30.12.1989, p. 1 (corrected version O] No L 257,21.9.1990, p. 13). (?) O] No C 13, 14. 1. 1997. (‘LPD’). Gencor is jointly controlled by the South African  National Life Insurance Company (‘Sanlam’) and the Rembrandt Group Limited (‘Rembrandt’) within the meaning of Article 3 (3) - of Regulation (EEC) No 4064/89 (hereinafter ‘the Merger Regulation’). By decision dated 8 December 1995, the Commission ordered the suspension of the concentration as a whole, pursuant to Article 7 (2} and Article 18 (2) of the Merger Regulation, until it took a final decision. By decision dated 20 December 1995, the Commission found that the concentration raised serious doubts as to its compatibility with the common market. The Commission accordingly initiated proceedings in this case, pursuant to Article 6 (1) (c) of the Merger Regulation. 1. THE PARTIES Gencor is an international metals and minerals resource group based in South Africa. Lonrho is a British company with interests in mining and refining, hotels, agriculture and general trade. II. THE OPERATION The proposed transaction leads to Lonrho and Gencor acquiring joint control of the whole of Implats and LPD. This operation involves two steps: (a) the acquisition of joint control by Lonrho and Gencor of Implats in which Gencor currently holds 46,5 %, the rest of the share capital being held by the public; and (b) the acquisition of sole control by Implats of the two companies Eastplats and