# C_2016298EN.01001501.xml

| 18.8.2016 | EN | Official Journal of the European Union | C 298/15 |
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18.8.2016

EN

Official Journal of the European Union

C 298/15

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Prior notification of a concentration

(Case M.8118 — OpenGate Capital/Umicore Zinc Chemicals)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 298/07)

| 1. | On 5 August 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings OpenGate Capital Partners I, LP and OpenGate Capital Partner I-A, LP (together ‘OpenGate Capital’, Cayman Islands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of Umicore Zinc Chemicals Belgium NV/SA, Umicore Norway AS, Umicore Hunan Fuhong Zinc Chemicals Co. Ltd, Umicore Malaysia Sdn Bhd, Umicore Nederland BV, Umicore Marketing Services USA Inc., Umicore Shanghai Co. (together ‘UZC’) by way of purchase of shares. |
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1.

On 5 August 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings OpenGate Capital Partners I, LP and OpenGate Capital Partner I-A, LP (together ‘OpenGate Capital’, Cayman Islands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of Umicore Zinc Chemicals Belgium NV/SA, Umicore Norway AS, Umicore Hunan Fuhong Zinc Chemicals Co. Ltd, Umicore Malaysia Sdn Bhd, Umicore Nederland BV, Umicore Marketing Services USA Inc., Umicore Shanghai Co. (together ‘UZC’) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for OpenGate Capital: global private equity firm,
  —   for UZC: activities in zinc oxides, fine zinc powders and fine zinc powders for battery materials. |
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2.

The business activities of the undertakings concerned are:

—   for OpenGate Capital: global private equity firm,

for OpenGate Capital

—   for UZC: activities in zinc oxides, fine zinc powders and fine zinc powders for battery materials.

for UZC

| 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.8118 — OpenGate Capital/Umicore Zinc Chemicals 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.8118 — OpenGate Capital/Umicore Zinc Chemicals 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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