# C_2018096EN.01003401.xml

| 14.3.2018 | EN | Official Journal of the European Union | C 96/34 |
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14.3.2018

EN

Official Journal of the European Union

C 96/34

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Prior notification of a concentration

(Case M.8851 — BASF/Bayer Divestment Business)

(Text with EEA relevance)

(2018/C 96/10)

| 1. | On 7 March 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:






  — | BASF SE (‘BASF’, Germany), |
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1.

On 7 March 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

1

This notification concerns the following undertakings:

—

BASF SE (‘BASF’, Germany),

| — | Bayer Aktiengesellschaft (‘Bayer’, Germany). |
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—

Bayer Aktiengesellschaft (‘Bayer’, Germany).

BASF acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of Bayer and Monsanto (the ‘Divestment Business’).

The concentration is accomplished by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for BASF: agricultural solutions, primarily active in the crop protection sector, (fungicides, insecticides and herbicides that can be used to protect a variety of crops (e.g. cereals, corn, oilseed rape (OSR), rice)), the supply of seed treatment products (mainly fungicide-based) and global trait discovery and licensing activities. Other activities of BASF not affected by this transaction include chemicals (e.g. petrochemicals and intermediates), performance products (e.g. dispersion and pigments), functional materials and solutions (e.g. construction chemicals and coatings), and oil & gas,
  —   for the Divestment Business: part of Bayer’s Crop Science division, which includes, inter alia, its portfolio of crop protection products (insecticides, fungicides and herbicides), seeds and traits, and environmental science products and services, Bayer’s global vegetable seeds business, and Monsanto’s global NemaStrike nematicides business. |
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2.

The business activities of the undertakings concerned are:

—   for BASF: agricultural solutions, primarily active in the crop protection sector, (fungicides, insecticides and herbicides that can be used to protect a variety of crops (e.g. cereals, corn, oilseed rape (OSR), rice)), the supply of seed treatment products (mainly fungicide-based) and global trait discovery and licensing activities. Other activities of BASF not affected by this transaction include chemicals (e.g. petrochemicals and intermediates), performance products (e.g. dispersion and pigments), functional materials and solutions (e.g. construction chemicals and coatings), and oil & gas,

for BASF

—   for the Divestment Business: part of Bayer’s Crop Science division, which includes, inter alia, its portfolio of crop protection products (insecticides, fungicides and herbicides), seeds and traits, and environmental science products and services, Bayer’s global vegetable seeds business, and Monsanto’s global NemaStrike nematicides business.

for the Divestment Business

| 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. The following reference should always be specified:
  M.8851 — BASF/Bayer Divestment Business
  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.8851 — BASF/Bayer Divestment Business

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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