# C_2016292EN.01000401.xml

| 12.8.2016 | EN | Official Journal of the European Union | C 292/4 |
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12.8.2016

EN

Official Journal of the European Union

C 292/4

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Prior notification of a concentration

(Case M.7963 — ADM Europe/Wilmar Europe/Olenex)

(Text with EEA relevance)

(2016/C 292/04)

| 1. | On 4 August 2016, 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 ADM Europe BV (‘ADM Europe’, Netherlands), belonging to the group Archer Daniels Midland group of companies and Wilmar Holding Europe BV(‘Wilmar Europe’, Netherlands), belonging to the Wilmar International Limited group of companies, acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Olenex CV(‘Olenex’, Netherlands) by way of purchase of assets. |
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1.

On 4 August 2016, 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 ADM Europe BV (‘ADM Europe’, Netherlands), belonging to the group Archer Daniels Midland group of companies and Wilmar Holding Europe BV(‘Wilmar Europe’, Netherlands), belonging to the Wilmar International Limited group of companies, acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Olenex CV(‘Olenex’, Netherlands) by way of purchase of assets.

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| 2. | The business activities of the undertakings concerned are:
  —   for ADM Europe: process of oilseeds, corn, sugar, wheat and other agricultural commodities; manufacture of protein meal, vegetable oil, corn sweeteners, flavours, flour, biodiesel, ethanol and other value added food and feed ingredients,
  —   for Wilmar Europe: cultivation of oil palm; oilseed crushing; oil refining; sugar milling and refining; manufacture of specialty fats, oleochemicals, biodiesel, fertiliser, flour and rice milling,
  —   for Olenex: sourcing, purchasing, marketing and selling refined vegetable oils and fats for food, animal feed, energy, and technical industries in the EEA and Switzerland. Olenex was a single sales desk for ADM and Wilmar’s refined oil output in the EEA. Through the proposed transaction ADM and Wilmar will transfer to Olenex manufacturing assets for the production of refined vegetable oils and vegetable fats in the EEA. Olenex will also have its own management and employees and become a full function joint venture, jointly controlled by ADM and Wilmar. |
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2.

The business activities of the undertakings concerned are:

—   for ADM Europe: process of oilseeds, corn, sugar, wheat and other agricultural commodities; manufacture of protein meal, vegetable oil, corn sweeteners, flavours, flour, biodiesel, ethanol and other value added food and feed ingredients,

for ADM Europe

—   for Wilmar Europe: cultivation of oil palm; oilseed crushing; oil refining; sugar milling and refining; manufacture of specialty fats, oleochemicals, biodiesel, fertiliser, flour and rice milling,

for Wilmar Europe

—   for Olenex: sourcing, purchasing, marketing and selling refined vegetable oils and fats for food, animal feed, energy, and technical industries in the EEA and Switzerland. Olenex was a single sales desk for ADM and Wilmar’s refined oil output in the EEA. Through the proposed transaction ADM and Wilmar will transfer to Olenex manufacturing assets for the production of refined vegetable oils and vegetable fats in the EEA. Olenex will also have its own management and employees and become a full function joint venture, jointly controlled by ADM and Wilmar.

for Olenex

| 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. |
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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.

| 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 M.7963 — ADM Europe/Wilmar Europe/Olenex, 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 M.7963 — ADM Europe/Wilmar Europe/Olenex, 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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