Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel,   BELGIË  
 
Tel: +32 229- 91111. Fax: +32 229 -64301. E -mail: COMP -MERGER -REGISTRY@ec.europa.eu.  
  EUROPEAN COMMISSION  
Brussels, 30.01.2019  
C(2019)  798 final  
 
 
 
 
To the notifying part ies 
 
Subject : Case M. 9248 -  SUMITOMO / MAHINDRA / JV 
Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) 
No 139/20041 and Article 57 of the Agreement on the European Economic Area2  
Dear Sir or Madam,  
1. On 8 January  2019, the European Commission received notification of a proposed 
conc entration pursuant to Article 4 of the Merger  Regulation by which the undertaking s 
Sumitomo Corporation (‘Sumitomo’, Japan)  and Mahindra Agri Solutions Limited 
(‘Mahindra’, India), belonging to the Mahindra Group (India) , acquire  within the meaning 
of Article  3(1)(b) and 3(4) of the Merger Regulation joint  control of a newly created Joint 
Venture (‘JV’, India)  by way of purchase of share s and contribution of asset s.3 
2. The business activities of the undertakings concerned are:  
− for Sumitomo: trading and investment company active in trading of metal products, 
transportation and construction systems, environment and infrastructure, chemicals 
and electronics, media, networks and lifestyl e related goods, mineral resources, 
energy and life sciences;  
− for Mahindra: technology and agricultural know -how, as well as agricultural inputs 
(seeds, crop care, seed potato, and micro irrigation), agricultural output (fresh fruit, 
pulses, and edible oi ls) and dairy advisory services;  
                                                 
1 OJ L 24, 29.1.2004, p. 1 ( the 'Merger Regulation '). With effect from 1 December 2009,  the Treaty on the 
Functioning of the European Union ( 'TFEU ') has introduced certain changes, such as the replacement of 
'Communi ty' by 'Union ' and 'common market ' by 'internal market '. The terminology of the TFEU will be used 
throughout this decision.  
2  OJ L 1, 3.1.1994, p.  3 (the 'EEA Agreement '). 
3  Publication in the Official Journal of the European Union No C 20, 16.1.2019, p. 4. 
PUBLIC VERSION  
2 − for the JV: manufacture, formulation, distribution, sale, purchase, marketing, 
import and export of agrochemical products, primarily in India and also in Nigeria 
and Tanzania. Mahindra will transfer to the JV its agrochemic al business . 
3. After examination of the notification, the European Commission has concluded that the 
notified operation falls within the scope of the Merger  Regulation  and of paragraph 5(a)  of 
the Commission Notice on a simplified procedure for treatment of certain concentrations 
under Council Regulation (EC) No  139/2004.4 
4. For the reasons set out in the Notice on a simplified procedure, the European Commission 
has decided not to oppose the notified operation and to declare it compatible with the 
internal market and with the EEA Agreement. This decision is adopted in application of 
Article 6(1)(b) of the Merger  Regulation  and Article 57 of the EEA Agreement . 
For the Commission 
(Signed)  
 
Johannes LAITENBERGER 
Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5.