# C_2016457EN.01001401.xml

| 8.12.2016 | EN | Official Journal of the European Union | C 457/14 |
| --- | --- | --- | --- |

8.12.2016

EN

Official Journal of the European Union

C 457/14

---

Prior notification of a concentration

(Case M.8302 — Koch Industries/Guardian Industries)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 457/12)

| 1. | On 1 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Koch Industries, Inc. (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Guardian Industries Corp. (United States) by way of purchase of shares. |
| --- | --- |

1.

On 1 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Koch Industries, Inc. (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Guardian Industries Corp. (United States) by way of purchase of shares.

1

| 2. | The business activities of the undertakings concerned are:
  —   for Koch Industries, Inc.: refining, chemicals and biofuels, forest and consumer products, fertilisers, polymers and fibres, electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy, ranching, and investments.
  —   for Guardian Industries Corp.: worldwide in manufacturing float glass, fabricated glass products and coated injection moulded plastic parts for automotive and other applications, and in the United States distributing building materials for commercial and residential applications. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Koch Industries, Inc.: refining, chemicals and biofuels, forest and consumer products, fertilisers, polymers and fibres, electronic components, process and pollution control equipment and technologies, commodity trading, minerals, energy, ranching, and investments.

for Koch Industries, Inc.

—   for Guardian Industries Corp.: worldwide in manufacturing float glass, fabricated glass products and coated injection moulded plastic parts for automotive and other applications, and in the United States distributing building materials for commercial and residential applications.

for Guardian Industries Corp.

| 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.8302 — Koch Industries/Guardian Industries, 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.8302 — Koch Industries/Guardian Industries, 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

---