ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Prior notification of a concentration

(Case M.9409 — Aurubis/Metallo Group Holding)

(Text with EEA relevance)

(2019/C 304/04)

1. On 30 August 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Aurubis AG (‘Aurubis’, Germany), — Metallo Group Holding NV (‘Metallo’, Belgium). Aurubis AG acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole Metallo Group Holding NV. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for undertaking Aurubis: is a provider of non-ferrous metals. In particular, Aurubis processes copper concentrates and copper scrap; produces copper cathodes and by-products of the copper refining process, as well as supplies copper shapes and semi-finished copper and copper alloys products such as flat rolled, bars, rods and wires, — for undertaking Metallo: active in recycling, processesing and trading of non-ferrous metals. In particular, Metallo refines copper scrap to produce copper cathodes and by-products of the refining process.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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. The following reference should always be specified: M.9409 — Aurubis/Metallo Group Holding Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: E-mail: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Non-opposition to a notified concentration

(Case M.9389 — Porsche Holding Salzburg/SIVA/Soauto)

(Text with EEA relevance)

(2019/C 314/01)

On 23 July 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9389. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration

(Case M.9491 — Ardagh Group/OTPP-Element/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 311/05)

1. On 5 September 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Ardagh Group S.A. (Luxembourg) (‘Ardagh’), — Element Holdings II LLP (USA) (‘Element’), and its parent the Ontario Teachers’ Pension Plan Board (Canada) (‘OTPP’), — a newly created joint venture (‘JV’) (The Netherlands). Ardagh and OTPP acquire joint control of the JV within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation. The concentration is accomplished by the contribution of Element’s business and of Ardagh’s Food and Specialty business into the JV.

2. The business activities of the undertakings concerned are: — Ardagh is the holding company of an international group of companies mainly active in the production of rigid packaging solutions for the food and beverage as well as consumer products industries. It supplies a broad range of glass and metal packaging products to a variety of end markets on a global basis, — Element, through one or more wholly owned Exal subsidiaries, manufactures and sells metal packaging products. Exal’s metal packaging products consist of aluminium aerosol cans that are used to package beauty, personal care, pharmaceutical, food, and home care products; and aluminium bottles for beverages, — OTPP is an independent single-profession pension plan concerned with the administration of pension benefits and the investment of pension plan assets, — the JV would post-transaction be active in metal packaging, more specifically in the production of food, nutrition, paint & coatings, aerosols and other specialty cans as well as aluminium bottles.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.9491 — Ardagh Group/OTPP-Element/JV Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: E-mail: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Non-opposition to a notified concentration

(Case M.9482 — SKT/Comcast/JV)

(Text with EEA relevance)

(2019/C 318/06)

On 2 September 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9482. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration

(Case M.9490 — VWFS/TÜV Süd AS/FC/CarMob)

(Text with EEA relevance)

(2019/C 332/02)

On 23 September 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9490. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Official Journal of the European Union

Prior notification of a concentration

(Case M.9563 — PIC/SKC/SKCCD)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 342/11)

1. On 2 October 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Petrochemical Industries Company K.S.C. (‘PIC’, Kuwait), controlled by Kuwait Petroleum Corporation (Kuwait), — SKC Co., Ltd (‘SKC’, South Korea), controlled by SK Holdings Co., Ltd (South Korea). PIC and SKC acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the ‘JV’). The concentration is accomplished by way of purchase of shares and contribution of assets.

2. The business activities of the undertakings concerned are: — PIC is a global manufacturer and marketer of petrochemicals based in Kuwait, — SKC is a Korean chemical company listed on the Korean Stock Exchange and is active in chemicals, films and others (Semiconductor & Benzen Hexachloride material), — the JV will comprise SKC’s current Chemicals business and will manufacture, market and sell chemicals, primarily propylene oxide, propylene glycol, propylene glycol ether, and styrene monomer.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.9563 — PIC/SKC/SKCCD Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Official Journal of the European Union

Prior notification of a concentration

(Case M.9544 — Brookfield/Johnson Controls Autobatterie)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 338/03)

1. On 30 September 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Brookfield Asset Management Inc. (‘Brookfield’, USA), — Johnson Controls Autobatterie GmbH & Co.KGaA (‘JC Autobatterie’, Germany). Brookfield acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of JC Autobatterie. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Brookfield: asset management with a focus on real estate, renewable power, infrastructure and private equity, — for JC Autobatterie: research, development, marketing, manufacturing, licensing and distribution of starter batteries for all kinds of vehicles and applications, including passenger vehicles, trucks, and other motive applications.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.9544 — Brookfield/Johnson Controls Autobatterie Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Non-opposition to a notified concentration

(Case M.9458 — CBRE/Telford Homes)

(Text with EEA relevance)

(2019/C 352/10)

On 19 September 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9458. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration

(Case M.9294 — BMS/Celgene)

(Text with EEA relevance)

(2019/C 347/09)

On 29 July 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

— in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

— in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9294. EUR-Lex is the online access to European law.

(1) OJ L 24, 29.1.2004, p. 1.
Official Journal of the European Union

Prior notification of a concentration

(Case M.9591 — MHI/PT)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 360/06)

1. On 15 October 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

— Mitsubishi Heavy Industries, Ltd. (‘MHI’, Japan),

— Primetals Technologies, Limited (‘PT’, United Kingdom), jointly controlled by MHI and Siemens Aktiengesellschaft (‘Siemens AG’, Germany).

MHI acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of PT.

The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for MHI: shipbuilding and ocean development, power systems, nuclear energy systems, compressors and compressor trains, turbines, industrial machinery, automotive, engineering, infrastructure and others, — for PT: design and construction of plants in the metallurgical industry and associated project management services.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified:

M.9591 — MHI/PT

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Official Journal of the European Union

Prior notification of a concentration

(Case M.9478 — Archer/Hilton/Earlsfort)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 352/18)

1. On 9 October 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).

This notification concerns the following undertakings:

— Archer Hotel Capital B.V. (‘Archer’, Netherlands),

— Hilton Hotels (Ireland) Limited (Ireland), belonging to the group Hilton Worldwide Holdings Inc (United States), (together ‘Hilton’),

— Earlsfort Centre Hotel Proprietors Limited (‘Earlsfort’, Ireland).

Archer and Hilton acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Earlsfort.

The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are: — for Archer: Acquisition, ownership, investment in, and disposition of hotel real estate located in Europe, — for Hilton: A hospitality company active worldwide through ownership, management and franchise, — for Earlsfort: Owns the Conrad Dublin, a luxury, five star hotel located in Dublin city centre.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified:

M.9478 — Archer/Hilton/Earlsfort

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Official Journal of the European Union

Prior notification of a concentration

(Case M.9599 — Cobepa/Socotec)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 371/09)

1. On 25 October 2019, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 ) This notification concerns the following undertakings: — Cobepa SA (‘Cobepa’, Belgium), controlled by Vedihold SA (Luxembourg), — The Socotec Group (‘Socotec’, France). Cobepa acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Socotec. The concentration is accomplished by way of contract.

2. The business activities of the undertakings concerned are: — for Cobepa: a privately-held investment company centred around two main types of investments: growth capital investments and buy-out transactions, — for Socotec: offers range of testing, inspection and compliance services for activities such as construction, infrastructure, building management and industrial equipment.

3. On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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. The following reference should always be specified: M.9599 — Cobepa/Socotec Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below: Email: COMP-MERGER-REGISTRY@ec.europa.eu Fax +32 22964301 Postal address: European Commission Directorate-General for Competition Merger Registry 1049 Bruxelles/Brussel BELGIQUE/BELGIË

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

(2) OJ C 366, 14.12.2013, p. 5.
Opinion (1) of the Advisory Committee on mergers at its meeting of 26 June 2019 concerning a preliminary draft decision relating to Case M.8179 — Canon/TMSC — Article 14(2) procedure

Canon/Toshiba Medical Systems Corporation

Rapporteur: United Kingdom

(2019/C 362/03)

1. The Advisory Committee (12 Member States) agrees with the Commission’s assessment that Canon partially implemented, within the meaning of Article 4(1) of the Merger Regulation (Council Regulation (EC) No 139/2004), its acquisition of control over TMSC by carrying out the Interim Transaction (as defined in the draft decision) prior to its notification to the Commission, which took place on 12 August 2016.

2. The Advisory Committee (12 Member States) agrees with the Commission’s assessment that Canon partially implemented, within the meaning of Article 7(1) of the Merger Regulation (Council Regulation (EC) No 139/2004), its acquisition of control over TMSC by carrying out the Interim Transaction (as defined in the draft decision) prior to its notification to the Commission, which took place on 12 August 2016, and prior to its clearance by the Commission, which took place on 19 September 2016.

3. The Advisory Committee (12 Member States) agrees with the Commission’s assessment that Canon has at least negligently infringed Article 4(1) of the Merger Regulation (Council Regulation (EC) No 139/2004).

4. The Advisory Committee (12 Member States) agrees with the Commission’s assessment that Canon has at least negligently infringed Article 7(1) of the Merger Regulation (Council Regulation (EC) No 139/2004).

5. The Advisory Committee (12 Member States) agrees with the Commission that Canon should be fined pursuant to Article 14(2)(a) of the Merger Regulation (Council Regulation (EC) No 139/2004).

6. The Advisory Committee (12 Member States) agrees with the Commission that Canon should be fined pursuant to Article 14(2)(b) of the Merger Regulation (Council Regulation (EC) No 139/2004).