# C_2016117EN.01001101.xml

| 2.4.2016 | EN | Official Journal of the European Union | C 117/11 |
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2.4.2016

EN

Official Journal of the European Union

C 117/11

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Prior notification of a concentration

(Case M.7943 — DOW/DCC)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 117/07)

| 1. | On 23 March 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 undertaking The Dow Chemical Company (‘Dow’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Dow Corning Corporation (‘DCC’, United States), currently controlled equally by Dow and by Corning Inc. (‘Corning’, United States) by way of purchase of shares. |
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1.

On 23 March 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 undertaking The Dow Chemical Company (‘Dow’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Dow Corning Corporation (‘DCC’, United States), currently controlled equally by Dow and by Corning Inc. (‘Corning’, United States) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   For Dow: diversified chemicals with primary activities in agricultural sciences, performance plastics and chemicals, and hydrocarbon and energy products and services. Dow currently holds 50 % of the shares of DCC.
  —   For DCC: silicone-based technology and innovation with primary activities in development and production of polymers and other materials based on silicone chemistry. DCC is currently a 50/50 joint venture between Dow and Corning. |
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2.

The business activities of the undertakings concerned are:

—   For Dow: diversified chemicals with primary activities in agricultural sciences, performance plastics and chemicals, and hydrocarbon and energy products and services. Dow currently holds 50 % of the shares of DCC.

For Dow

—   For DCC: silicone-based technology and innovation with primary activities in development and production of polymers and other materials based on silicone chemistry. DCC is currently a 50/50 joint venture between Dow and Corning.

For DCC

| 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.7943 — DOW/DCC, 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.7943 — DOW/DCC, 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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