# C_2013102EN.01000701.xml

| 9.4.2013 | EN | Official Journal of the European Union | C 102/7 |
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9.4.2013

EN

Official Journal of the European Union

C 102/7

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Prior notification of a concentration

(Case COMP/M.6898 — RAG Stiftung/Evonik Industries)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 102/07

| 1. | On 2 April 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking RAG Stiftung (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Evonik Industries AG (Germany). The concentration is brought about by a change to the shareholders’ agreement governing the relations between shareholders RAG Stiftung and private equity firm CVC Capital Partners who currently hold joint control over Evonik Industries AG. |
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1.

On 2 April 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking RAG Stiftung (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Evonik Industries AG (Germany). The concentration is brought about by a change to the shareholders’ agreement governing the relations between shareholders RAG Stiftung and private equity firm CVC Capital Partners who currently hold joint control over Evonik Industries AG.

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






  — | RAG Stiftung wholly owns RAG AG, active in hard coal production in Germany, import of hard coal, development of land use concepts for former industrial areas and provision of laboratory services in the area of solid fuels, |
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2.

The business activities of the undertakings concerned are:

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RAG Stiftung wholly owns RAG AG, active in hard coal production in Germany, import of hard coal, development of land use concepts for former industrial areas and provision of laboratory services in the area of solid fuels,

| — | Evonik Industries AG is internationally active in the production and marketing of specialty chemicals for different purposes and owns and manages residential real estate in Germany. Evonik also holds a minority stake in the German energy provider Steag. |
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Evonik Industries AG is internationally active in the production and marketing of specialty chemicals for different purposes and owns and manages residential real estate in Germany. Evonik also holds a minority stake in the German energy provider Steag.

| 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.6898 — RAG Stiftung/Evonik Industries, 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 number COMP/M.6898 — RAG Stiftung/Evonik Industries, 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 ‘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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