# C_2016188EN.01000301.xml

| 27.5.2016 | EN | Official Journal of the European Union | C 188/3 |
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27.5.2016

EN

Official Journal of the European Union

C 188/3

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Prior notification of a concentration

(Case M.8037 — INCJ/Sumitomo/Sekisui/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 188/03)

| 1. | On 19 May 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 Innovation Network Corporation of Japan (‘INCJ’, Japan), Sumitomo Chemical Co., Ltd (‘Sumitomo’, Japan), and Sekisui Chemical Co., Ltd (‘Sekisui’, Japan) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’, Japan) by way of purchase of shares. The JV will be active in manufacturing and sale of agricultural film, sealant film and other films. |
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1.

On 19 May 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 Innovation Network Corporation of Japan (‘INCJ’, Japan), Sumitomo Chemical Co., Ltd (‘Sumitomo’, Japan), and Sekisui Chemical Co., Ltd (‘Sekisui’, Japan) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’, Japan) by way of purchase of shares. The JV will be active in manufacturing and sale of agricultural film, sealant film and other films.

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| 2. | The business activities of the undertakings concerned are:
  —   for INCJ: promotion of innovation and business in Japan, review of various investment opportunities in the areas of clean energy, electronics, IT and biotechnology and infrastructure-related sectors such as water supply,
  —   for Sumitomo: manufacturing and sale of a wide array of chemical products, including petrochemicals, plastics, energy, IT-related chemicals, health and crops, pharmaceuticals and others,
  —   for Sekisui: manufacturing and sale of high performance plastics, urban infrastructure and environmental products, housing and others. |
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2.

The business activities of the undertakings concerned are:

—   for INCJ: promotion of innovation and business in Japan, review of various investment opportunities in the areas of clean energy, electronics, IT and biotechnology and infrastructure-related sectors such as water supply,

for INCJ

—   for Sumitomo: manufacturing and sale of a wide array of chemical products, including petrochemicals, plastics, energy, IT-related chemicals, health and crops, pharmaceuticals and others,

for Sumitomo

—   for Sekisui: manufacturing and sale of high performance plastics, urban infrastructure and environmental products, housing and others.

for Sekisui

| 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.8037 — INCJ/Sumitomo/Sekisui/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 M.8037 — INCJ/Sumitomo/Sekisui/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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