# C_2010323EN.01002801.xml

| 30.11.2010 | EN | Official Journal of the European Union | C 323/28 |
| --- | --- | --- | --- |

30.11.2010

EN

Official Journal of the European Union

C 323/28

---

Prior notification of a concentration

(Case COMP/M.5846 — Shell/Cosan/JV)

(Text with EEA relevance)

2010/C 323/11

| 1. | On 18 November 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 undertakings Shell Brazil Holding BV(UK) belonging to the Shell group (‘Shell’) and Cosan SA Indústria e Comércio (Brazil) belonging to the Cosan group (‘Cosan’) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the JV CO (Brazil) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 18 November 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 undertakings Shell Brazil Holding BV(UK) belonging to the Shell group (‘Shell’) and Cosan SA Indústria e Comércio (Brazil) belonging to the Cosan group (‘Cosan’) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the JV CO (Brazil) by way of purchase of shares in a newly created company constituting a joint venture.

1

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






  — | for Shell: a global energy and petrochemical company, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Shell: a global energy and petrochemical company,

| — | for Cosan: manufacturing and trading of sugar, ethanol and co-generation of electricity from sugarcane; distribution of fuels and lubricants in Brazil, |
| --- | --- |

—

for Cosan: manufacturing and trading of sugar, ethanol and co-generation of electricity from sugarcane; distribution of fuels and lubricants in Brazil,

| — | for the JV CO: distribution of fuels in Brazil, production and sale of co-generation power in Brazil, production of ethanol and sugar in Brazil and worldwide, production and trading of ethanol in Brazil and worldwide. |
| --- | --- |

—

for the JV CO: distribution of fuels in Brazil, production and sale of co-generation power in Brazil, production of ethanol and sugar in Brazil and worldwide, production and trading of ethanol in Brazil and worldwide.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC 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. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5846 — Shell/Cosan/JV, to the following address:





  European Commission |
| --- | --- |
| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5846 — Shell/Cosan/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

1

---