# C_2014047EN.01000401.xml

| 19.2.2014 | EN | Official Journal of the European Union | C 47/4 |
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19.2.2014

EN

Official Journal of the European Union

C 47/4

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Prior notification of a concentration

(Case COMP/M.7158 — GlencoreXstrata/Sumitomo/Clermont JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 47/05

| 1. | On 11 February 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which GlencoreXstrata plc (‘Glencore’, Jersey) and Sumitomo Corporation (‘Sumitomo’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the Clermont coal mine in Queensland, Australia (‘the Clermont Joint Venture’, Australia), by way of purchase of shares and assets. |
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1.

On 11 February 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which GlencoreXstrata plc (‘Glencore’, Jersey) and Sumitomo Corporation (‘Sumitomo’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over the Clermont coal mine in Queensland, Australia (‘the Clermont Joint Venture’, Australia), by way of purchase of shares and assets.

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






  — | for Glencore: worldwide supply of commodities and raw materials including metals, minerals, oil and oil products, coal and agricultural products, to industrial customers active in the automotive, steel, power generation, oil and food processing sectors, |
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2.

The business activities of the undertakings concerned are:

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for Glencore: worldwide supply of commodities and raw materials including metals, minerals, oil and oil products, coal and agricultural products, to industrial customers active in the automotive, steel, power generation, oil and food processing sectors,

| — | for Sumitomo: trading activity in metal products, transportation and construction, environment and infrastructure, media, network, and lifestyle related goods and services, mineral resource, energy, chemical & electronics, |
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for Sumitomo: trading activity in metal products, transportation and construction, environment and infrastructure, media, network, and lifestyle related goods and services, mineral resource, energy, chemical & electronics,

| — | for the Clermont Joint Venture: operation of a thermal coal mine located near Clermont in central Queensland, Australia. |
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for the Clermont Joint Venture: operation of a thermal coal mine located near Clermont in central Queensland, Australia.

| 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 the 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 the 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 the 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 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.7158 — GlencoreXstrata/Sumitomo/Clermont 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 number COMP/M.7158 — GlencoreXstrata/Sumitomo/Clermont 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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