# C_2010108EN.01000601.xml

| 28.4.2010 | EN | Official Journal of the European Union | C 108/6 |
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28.4.2010

EN

Official Journal of the European Union

C 108/6

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Prior notification of a concentration

(Case COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM)

Candidate case for simplified procedure

(Text with EEA relevance)

2010/C 108/05

| 1. | On 19 April 2010, 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 Orascom Construction Industries S.A.E. (‘OCI’, Egypt) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of the undertaking Royal DSM N.V. (‘DSM’, the Netherlands)) consisting of its nitrogen-based fertilizers, ammonia and melamine businesses by way of purchase of shares and assets. |
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1.

On 19 April 2010, 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 Orascom Construction Industries S.A.E. (‘OCI’, Egypt) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of the undertaking Royal DSM N.V. (‘DSM’, the Netherlands)) consisting of its nitrogen-based fertilizers, ammonia and melamine businesses by way of purchase of shares and assets.

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| 2. | The business activities of the undertakings concerned are:






  — | for undertaking OCI: construction and supply of fertilizers, |
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2.

The business activities of the undertakings concerned are:

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for undertaking OCI: construction and supply of fertilizers,

| — | for undertaking DSM: development, manufacture and marketing of nutritional and pharmaceutical products, performance materials, polymer intermediates and base chemicals and materials. |
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for undertaking DSM: development, manufacture and marketing of nutritional and pharmaceutical products, performance materials, polymer intermediates and base chemicals and materials.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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 EC 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 EC Merger Regulation (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. 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 number COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 number COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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