# C_2018082EN.01000401.xml

| 5.3.2018 | EN | Official Journal of the European Union | C 82/4 |
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5.3.2018

EN

Official Journal of the European Union

C 82/4

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Prior notification of a concentration

(Case M.8772 — Borealis/NOVA Chemicals/Total/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2018/C 82/04)

| 1. | On 23 February 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
  This notification concerns the following undertakings:






  — | Borealis AG (‘Borealis’, Austria), jointly controlled by Mubadala Investment Company (‘Mubadala’, Abu Dhabi) and OMV AG (Austria), |
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1.

On 23 February 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

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This notification concerns the following undertakings:

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Borealis AG (‘Borealis’, Austria), jointly controlled by Mubadala Investment Company (‘Mubadala’, Abu Dhabi) and OMV AG (Austria),

| — | NOVA Chemicals Corporation (‘NOVA’, Canada), wholly owned by Mubadala, |
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NOVA Chemicals Corporation (‘NOVA’, Canada), wholly owned by Mubadala,

| — | Total SA (‘Total’, France), and |
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Total SA (‘Total’, France), and

| — | Bayport Polymers LLC (the ‘JV’, USA). |
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Bayport Polymers LLC (the ‘JV’, USA).

Borealis, Nova and Total acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the JV.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:
  —   for undertaking Borealis: production and commercialisation of polyolefin, base chemicals and fertilisers,
  —   for undertaking NOVA: production and marketing of ethylene, polyethylene, styrene and co-products thereof,
  —   for undertaking Total: engaged in the oil and gas industry and other energy sectors,
  —   for the JV: production and marketing of polyethylene. |
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2.

The business activities of the undertakings concerned are:

—   for undertaking Borealis: production and commercialisation of polyolefin, base chemicals and fertilisers,

for undertaking Borealis

—   for undertaking NOVA: production and marketing of ethylene, polyethylene, styrene and co-products thereof,

for undertaking NOVA

—   for undertaking Total: engaged in the oil and gas industry and other energy sectors,

for undertaking Total

—   for the JV: production and marketing of polyethylene.

for the JV

| 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. The following reference should always be specified:
  M.8772 — Borealis/NOVA Chemicals/Total/JV
  Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





  Email: COMP-MERGER-REGISTRY@ec.europa.eu |
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| Fax +32 22964301 |
| Postal address: |
| European Commission |
| 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. The following reference should always be specified:

M.8772 — Borealis/NOVA Chemicals/Total/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal 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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