# C_2017016EN.01000701.xml

| 18.1.2017 | EN | Official Journal of the European Union | C 16/7 |
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18.1.2017

EN

Official Journal of the European Union

C 16/7

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Prior notification of a concentration

(Case M.8344 — Sumitomo Corporation/Fyffes plc)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 16/05)

| 1. | On 10 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sumitomo Corporation (‘Sumitomo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fyffes plc (‘Fyffes’, Ireland) by way of purchase of shares. |
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1.

On 10 January 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Sumitomo Corporation (‘Sumitomo’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Fyffes plc (‘Fyffes’, Ireland) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for Sumitomo: trading of metal products, transportation and construction of systems, environment and infrastructure, chemicals and electronics, media, networks and lifestyle related goods, mineral resources and energy. Sumitomo is also active in the distribution of fresh fruits, through its subsidiary Sumifru,
  —   for Fyffes: procurement, import and wholesale of fresh fruits and mushrooms. Fyffes also provides ripening services to third parties. |
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2.

The business activities of the undertakings concerned are:

—   for Sumitomo: trading of metal products, transportation and construction of systems, environment and infrastructure, chemicals and electronics, media, networks and lifestyle related goods, mineral resources and energy. Sumitomo is also active in the distribution of fresh fruits, through its subsidiary Sumifru,

for Sumitomo

—   for Fyffes: procurement, import and wholesale of fresh fruits and mushrooms. Fyffes also provides ripening services to third parties.

for Fyffes

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. 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 (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. 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 (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

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| 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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8344 — Sumitomo Corporation/Fyffes plc, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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 (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8344 — Sumitomo Corporation/Fyffes plc, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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