# C_2017056EN.01000801.xml

| 22.2.2017 | EN | Official Journal of the European Union | C 56/8 |
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22.2.2017

EN

Official Journal of the European Union

C 56/8

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Prior notification of a concentration

(Case M.8329 — Mabanol Bitumen/H&R Refining/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 56/09)

| 1. | On 14 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mabanol Bitumen GmbH & Co. KG (‘Mabanol’, Germany), solely controlled by Marquard & Bahls AG (Germany), and H&R Refining GmbH (‘H&R Refining’, Germany) belonging to the Hansen and Rosenthal group acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control by way of purchase of shares in a newly created company constituting a joint venture (‘JV’). |
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1.

On 14 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Mabanol Bitumen GmbH & Co. KG (‘Mabanol’, Germany), solely controlled by Marquard & Bahls AG (Germany), and H&R Refining GmbH (‘H&R Refining’, Germany) belonging to the Hansen and Rosenthal group acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control by way of purchase of shares in a newly created company constituting a joint venture (‘JV’).

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| 2. | The business activities of the undertakings concerned are:
  —   for Marquard & Bahls AG: mineral oil trade, aircraft fuelling, petrol depot logistics and renewable energies,
  —   for Mabanol: sale of bitumen and bitumen components,
  —   for the Hansen and Rosenthal group: development, production and distribution of chemical and pharmaceutical products,
  —   for H&R Refining: production and sale of bitumen and bitumen components,
  —   for JV: distribution of bitumen and bitumen components. |
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2.

The business activities of the undertakings concerned are:

—   for Marquard & Bahls AG: mineral oil trade, aircraft fuelling, petrol depot logistics and renewable energies,

for Marquard & Bahls AG

—   for Mabanol: sale of bitumen and bitumen components,

for Mabanol

—   for the Hansen and Rosenthal group: development, production and distribution of chemical and pharmaceutical products,

for the Hansen and Rosenthal group

—   for H&R Refining: production and sale of bitumen and bitumen components,

for H&R Refining

—   for JV: distribution of bitumen and bitumen components.

for JV

| 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.8329 — Mabanol Bitumen/H&R Refining/JV, 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.8329 — Mabanol Bitumen/H&R Refining/JV, 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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