# C_2016363EN.01002301.xml

| 1.10.2016 | EN | Official Journal of the European Union | C 363/23 |
| --- | --- | --- | --- |

1.10.2016

EN

Official Journal of the European Union

C 363/23

---

Prior notification of a concentration

(Case M.8136 — BASF/Chemetall)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 363/06)

| 1. | On 26 September 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which BASF SE (‘BASF’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Rockwood Specialties Group GmbH (‘Rockwood’, Germany) and the whole of Chemetall U.S. Inc. (together with Rockwood referred to as ‘Chemetall’, United States) by way of purchase of shares. |
| --- | --- |

1.

On 26 September 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which BASF SE (‘BASF’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Rockwood Specialties Group GmbH (‘Rockwood’, Germany) and the whole of Chemetall U.S. Inc. (together with Rockwood referred to as ‘Chemetall’, United States) by way of purchase of shares.

1

| 2. | The business activities of the undertakings concerned are:






  — | BASF is a global chemical company, active in five main product segments: chemicals, performance products, functional materials and solutions (including coatings), agricultural solutions and oil and gas. BASF’s coatings division develops, produces and markets automotive OEM coatings, automotive refinishes and industrial coatings as well as decorative paint. |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

BASF is a global chemical company, active in five main product segments: chemicals, performance products, functional materials and solutions (including coatings), agricultural solutions and oil and gas. BASF’s coatings division develops, produces and markets automotive OEM coatings, automotive refinishes and industrial coatings as well as decorative paint.

| — | Chemetall develops, manufactures and supplies surface treatment products and services for a range of industries including aerospace, aluminium and automotive, as well as general industry. Chemetall operates 22 production sites in 20 countries. |
| --- | --- |

—

Chemetall develops, manufactures and supplies surface treatment products and services for a range of industries including aerospace, aluminium and automotive, as well as general industry. Chemetall operates 22 production sites in 20 countries.

| 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. |
| --- | --- |

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.

2

| 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.8136 — BASF/Chemetall, to the following address:





  European Commission |
| --- | --- |
| 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.8136 — BASF/Chemetall, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

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

2

---