# C_2011292EN.01000901.xml

| 5.10.2011 | EN | Official Journal of the European Union | C 292/9 |
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5.10.2011

EN

Official Journal of the European Union

C 292/9

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Prior notification of a concentration

(Case COMP/M.6391 — Dow/Mitsui/Brazilian Polyethylene JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 292/04

| 1. | On 23 September 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Dow Chemical Company (‘Dow’, USA) and Mitsui & Co., Ltd (‘Mitsui’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Santa Vitória Açúcar e Álcool Ltda (‘Santa Vitória’, Brazil) by way of purchase of shares. |
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1.

On 23 September 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings The Dow Chemical Company (‘Dow’, USA) and Mitsui & Co., Ltd (‘Mitsui’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Santa Vitória Açúcar e Álcool Ltda (‘Santa Vitória’, Brazil) by way of purchase of shares.

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






  — | for Dow: active in the production of plastics and chemicals, agriculture sciences, hydrocarbon and energy products and services, |
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2.

The business activities of the undertakings concerned are:

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for Dow: active in the production of plastics and chemicals, agriculture sciences, hydrocarbon and energy products and services,

| — | for Mitsui: trading house engaged in business areas such as iron and steel, non-ferrous metals, electronics, chemicals, energy-related commodities, motor vehicle and motorcycle parts and accessories, |
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for Mitsui: trading house engaged in business areas such as iron and steel, non-ferrous metals, electronics, chemicals, energy-related commodities, motor vehicle and motorcycle parts and accessories,

| — | for Santa Vitória: production of polyethylene with back-integration into ethylene, (bio-) ethanol and sugarcane. |
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for Santa Vitória: production of polyethylene with back-integration into ethylene, (bio-) ethanol and sugarcane.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the 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 number COMP/M.6391 — Dow/Mitsui/Brazilian Polyethylene JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 number COMP/M.6391 — Dow/Mitsui/Brazilian Polyethylene JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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