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, 25.4.2022  
C(2022) 2787 final  
PUBLIC VERSION  
OCP S.A.  
2-4 Rue Al Abtal,  
Hay Erraha 20200, Casablanca, Morocco  
 
KAES Phosphate Holdings, LLC  
4111 E 37th St N Wichita,  
KS 67220  
U.S.A.  
Subject : Case M. 10689 – OCP GROUP / KOCH INDUSTRIES / JORF 
FERTILIZER COMPANY  
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 24 March 2022, the  European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger  Regulation by which OCP S.A. 
(‘OCP’, Morocco) and KAES Phosphate Holdings, LLC (‘KAES’, USA) intend to 
acquire within the meaning of Article s 3(1)(b) and 3(4) of the Merger Regulation joint 
control over the whole of Jorf Fertilizer Company III, S.A. (‘JFC III’, Morocco), 
currently a wholly -owned subsidiary of OCP, by way of purchase of shares .3 
2. The business activities of the undertakings concerned are  the following:  
− OCP and its subsidiaries are global producers, suppliers and distributors of phosphate fertilisers (including DAP, MAP, TSP, NP, NPK and NPS). OCP is 
also active in the extraction and sale of phosphate rock, and its conversion into 
phosphoric acid, which it both sells and processes to produce phosphate 
fertilisers , 
                                                 
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 ‘ Community ’ by ‘Union’  and ‘common market ’ by ‘internal market ’. The terminology 
of the TFEU will be used throughout th is 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 145, 1.4.2022, p. 15.  

 
2 − KAES is indirectly owned by Koch Ag & Energy Solutions, LLC (‘KAES 
Parent’, USA), and ultimately controlled by Koch Industries, Inc. (‘KII’, USA), 
which controls a diverse portfol io of companies involved in refining and 
chemicals, process and pollution control equipment and technologies, minerals, fertilisers, commodity trading and services, polymers and fibers, glass, forest and 
consumer products, electronic connectors, printing a nd packing, enterprise 
software and investments. KII is active in the fertiliser and sulphur sectors 
through KAES Parent, 
− JFC III is an OCP subsidiary, operating a production unit at the Jorf Lasfar 
production plant, where it produces phosphoric acid and phosphate fertilisers -  
DAP, MAP, NPK, NPS and NP.  
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 s implified 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)  
Olivier GUERSENT  
Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5.