# C_2016467EN.01002801.xml

| 15.12.2016 | EN | Official Journal of the European Union | C 467/28 |
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15.12.2016

EN

Official Journal of the European Union

C 467/28

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Prior notification of a concentration

(Case M.8204 — Barloworld South Africa/BayWa/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 467/15)

| 1. | On 8 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Barloworld South Africa Proprietary Limited (‘Barloworld’, South Africa) and BayWa Aktiengesellschaft (‘BayWa’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Barloworld’s agricultural mechanisation and materials handling business in South Africa by way of purchase of shares. |
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1.

On 8 December 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Barloworld South Africa Proprietary Limited (‘Barloworld’, South Africa) and BayWa Aktiengesellschaft (‘BayWa’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Barloworld’s agricultural mechanisation and materials handling business in South Africa by way of purchase of shares.

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






  — | for BayWa: trade in agricultural resources such as seeds, fertilisers and crop protection and agricultural machinery equipment. BayWa distributes agricultural equipment in Austria, Germany and the Netherlands. BayWa is also active in the building materials and energy sectors, such as renewable energy, in Austria and Germany, |
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2.

The business activities of the undertakings concerned are:

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for BayWa: trade in agricultural resources such as seeds, fertilisers and crop protection and agricultural machinery equipment. BayWa distributes agricultural equipment in Austria, Germany and the Netherlands. BayWa is also active in the building materials and energy sectors, such as renewable energy, in Austria and Germany,

| — | for Barloworld: distribution of leading international brands in equipment and handling services (earthmoving, power systems, materials handling and agricultural equipment) and in automotive services and logistics (car rental fleet services, warehousing, etc.). |
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for Barloworld: distribution of leading international brands in equipment and handling services (earthmoving, power systems, materials handling and agricultural equipment) and in automotive services and logistics (car rental fleet services, warehousing, etc.).

| — | The joint venture will incorporate Barloworld’s South African agricultural mechanisation and materials handling business and will be jointly controlled by Barloworld and BayWa. |
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The joint venture will incorporate Barloworld’s South African agricultural mechanisation and materials handling business and will be jointly controlled by Barloworld and BayWa.

| 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.8204 — Barloworld South Africa/BayWa/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.8204 — Barloworld South Africa/BayWa/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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