# C_2011249EN.01001001.xml

| 26.8.2011 | EN | Official Journal of the European Union | C 249/10 |
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26.8.2011

EN

Official Journal of the European Union

C 249/10

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Prior notification of a concentration

(Case COMP/M.6347 — DOW/UBE/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 249/10

| 1. | On 18 August 2011, 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 The Dow Chemical Company (‘Dow’, USA) and Ube Advanced Materials Inc., belonging to the group Ube Industries, Ltd (together referred to as ‘Ube’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘the JV’, USA). |
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1.

On 18 August 2011, 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 The Dow Chemical Company (‘Dow’, USA) and Ube Advanced Materials Inc., belonging to the group Ube Industries, Ltd (together referred to as ‘Ube’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘the JV’, USA).

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






  — | for Dow: supply of plastics, chemicals, agricultural products, as well as hydrocarbon and energy products and services, |
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2.

The business activities of the undertakings concerned are:

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for Dow: supply of plastics, chemicals, agricultural products, as well as hydrocarbon and energy products and services,

| — | for Ube: supply of specialty chemicals, other chemicals, plastics, cement, construction materials, machinery, metal products, as well as coal storage solutions, |
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for Ube: supply of specialty chemicals, other chemicals, plastics, cement, construction materials, machinery, metal products, as well as coal storage solutions,

| — | for the JV: production and sale of electrolytes for lithium-ion batteries. |
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for the JV: production and sale of electrolytes for lithium-ion batteries.

| 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6347 — DOW/UBE/JV, 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6347 — DOW/UBE/JV, 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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