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

Prior notification of a concentration

(Case M.10756 – ACC / EVONIK / JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 265/07)

1. On 5 July 2022, 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: — Evonik Operations GmbH (Germany) and Evonik (China) Co. Ltd. (China) (together referred to as ‘Evonik’), ultimately controlled by RAG-Stiftung (Germany), — AVIC Composite Corporation Ltd. (‘ACC’, China), together with affiliate Yu Hua Funding & Investment (Xiamen) Limited Partnership (‘Yu Hua’, China), both ultimately controlled by Aviation Industry Corporation of China (‘AVIC’, China), — ACC Evonik (Shanghai) Composite Materials Technology Co. Ltd. (the ‘JV’, China). Evonik and ACC will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV. The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2. The business activities of the undertakings concerned are the following: — Evonik is headquartered in Germany and listed on the Frankfurt Stock Exchange. It is active in the production and marketing of specialty chemicals, focusing on products in the areas of speciality additives, nutrition and care, smart materials, performance materials, and technology & infrastructure. — ACC is a wholly-owned subsidiary of AVIC, a Chinese state-owned aerospace company primarily producing and marketing aircrafts and aircraft parts in China. — JV will be active in the production and marketing of polymethacrylimid (PMI) foam and polyether ether ketone (PEEK) based powders, as well as distribution of PEEK based resins and PEEK based compounds to customers located in China, Hong Kong SAR, China, and Macau SAR, China.

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 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.10756 – ACC / EVONIK / JV 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 of the Advisory Committee on mergers at its meeting of 9 February 2021 concerning a preliminary draft decision relating to Case M.9076 – Novelis/Aleris

Rapporteur: The Netherlands

(Text with EEA relevance)

(2022/C 283/03)

Implementation of a transaction in contravention of a condition attached to a clearance decision

(1) The Advisory Committee (14 Member States) agrees with the Commission that by failing to close the sale of the Divestment Business by the end of the Closing Period, Novelis breached a condition attached to the Clearance Decision.

(2) The Advisory Committee (14 Member States) agrees with the Commission that Novelis implemented the Novelis/Aleris transaction in contravention of a condition attached to a decision under 8(2) of the Merger Regulation, which had found that, in the absence of the condition, the concentration would fulfil the criterion laid down in Article 2(3) of the Merger Regulation, by closing the acquisition of Aleris and failing to close the sale of the Divestment Business by the end of the Closing Period.

Need for the Commission to adopt final measures

(3) The Advisory Committee agrees (14 Member States) with the Commission that, as Novelis closed the sale of the Divestment Business to Liberty when the Commitments were no longer applicable and the Interim Measures adopted provisionally on the basis of Article 8(5) of the Merger Regulation will expire, there is a need for the Commission to adopt final measures on the basis of Article 8(4) of the Merger Regulation.

Dissolution of the Transaction to restore the situation prevailing before the implementation of the concentration

(4) The Advisory Committee agrees with the Commission that it is impossible to achieve the restoration of the situation prevailing before the implementation of the Novelis/Aleris transaction through a dissolution of the concentration, taking into account also that the sale of the Divestment to Liberty was closed with the express encouragement of the Commission. 13 Member States voted in favour, 1 Member State abstained.

Other measures to restore the situation prevailing before the implementation of a concentration

(5) The Advisory Committee (14 Member States) agrees with the Commission that there is a need to adopt Final Restorative Measures to ensure and maintain the structural effect of the sale of the Divestment Business, its viability and competitiveness, in order to restore the situation prevailing before the implementation of the Novelis/Aleris transaction as far as possible.

(6) The Advisory Committee (14 Member States) agrees with the Commission that the Final Restorative Measures are necessary, appropriate and proportionate to restore the situation prevailing prior to the implementation of the Transaction as far as possible.

Penalty payments
Non-opposition to a notified concentration

(Case M.9286 – SEGRO / PSPIB / WROCLAW SITE)

(Text with EEA relevance)

(2022/C 278/01)

On 20 March 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 policy’ 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 32019M9286. EUR-Lex is the online point of access to European Union law.

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

(Case M.10290 – MICROSOFT / NUANCE)

(Text with EEA relevance)

(2022/C 296/01)

On 21 December 2021, 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 policy’ 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 32021M10290. EUR-Lex is the online point of access to European Union law.

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

(Case M.10798 – NBIM / OXFORD PROPERTIES / SONY CENTER)

(Text with EEA relevance)

(2022/C 287/02)

On 19 July 2022, 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 policy’ 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 32022M10798. EUR-Lex is the online point of access to European Union law.

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

(Case M.10804 – KKR / CONTOURGLOBAL)

(Text with EEA relevance)

(2022/C 307/02)

On 8 August 2022, 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 policy’ 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 32022M10804. EUR-Lex is the online point of access to European Union law.

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

(Case M.10747 – BHC / DUSSUR / BAKER PETROLITE SAUDI COMPANY JV)

(Text with EEA relevance)

(2022/C 304/02)

On 3 August 2022, 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 policy’ 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 32022M10747. EUR-Lex is the online point of access to European Union law.

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

Prior notification of a concentration

(Case M.10871 – E.ON / FSI / WESTENERGIE BREITBAND)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 320/23)

1. On 17 August 2022, 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: — E.ON SE (‘E.ON’, Germany), — First Sentier Investors Holdings Pty Ltd (‘FSI’, Australia), currently controlled by Mitsubishi UFL Financial Group, Inc, (‘MUFG’, Japan), — Westenergie Breitband GmbH (‘Westenergie Breitband’, Germany), currently controlled by E.ON. E.ON and MUFG will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Westenergie Breitband. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — E.ON is an international energy and utility company, — FSI forms part of the global asset management group First Sentier Investors Group that is ultimately controlled by MUFG, a global asset management group and provider of banking services, — Westenergie Breitband builds and operates glass fibre optic broadband networks in Germany.

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 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.10871 – E.ON / FSI / WESTENERGIE BREITBAND 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.
Initiation of proceedings

(Case M.10663 – ORANGE / VOO / BRUTELE)

(Text with EEA relevance)

(2022/C 315/01)

On 28 July 2022, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.10663 – ORANGE/VOO/BRUTELE, to the following 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.10633 – SUEZ / ACEA / JV)

(Text with EEA relevance)

(2022/C 333/03)

On 29 August 2022, 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 policy’ 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 32022M10633. EUR-Lex is the online point of access to European Union law.

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

(Case M.10341 – PRINCE / FERRO)

(Text with EEA relevance)

(2022/C 327/01)

On 25 January 2022, 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) in conjunction with Article 6(2) 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 policy’ 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 32022M10341. EUR-Lex is the online point of access to European Union law.

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

Prior notification of a concentration

(Case M.10869 – P2X EUROPE / NVG / P2X PORTUGAL JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 351/02)

1. On 5 September 2022, 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: — P2X Europe GmbH & Co. KG (‘P2X Europe’, Germany), controlled by Mabanaft GmbH & Co. KG (Germany), a subsidiary of Marquard & Bahls Group AG (Germany), and H&R GmbH & Co. KGaA (Germany), — The Navigator Company, S.A. (‘NVG’, Portugal), ultimately controlled by Sodim, SGPS, S.A., Portugal (‘Sodim’), — P2X Portugal, Unipessoal Lda. (‘P2X Portugal’, Portugal). P2X Europe and NVG will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of P2X Portugal. The concentration is accomplished by way of purchase of shares.

2. The business activities of the undertakings concerned are the following: — P2X Europe develops and implements commercial projects for the production of Power-to-X products. P2X Europe is also active at the wholesale level, both selling and purchasing Power-to-X products, — NVG is a Portuguese company active in the area of pulp and paper.

3. The business activities of P2X Portugal will be the following: (i) develop, construct, operate, maintain and finance a vertically integrated, industrial scale power-to-liquid project, and (ii) commercialise and market power-to-liquid products such as synthetic intermediate products (e.g. syncrude and waxes) and synthetic net zero derivatives (e.g. e-kerosene).

4. 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 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.

5. 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.10869 – P2X EUROPE / NVG / P2X PORTUGAL JV 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.
Prior notification of a concentration

(Case M.10702 – KPS CAPITAL PARTNERS / REAL ALLOY EUROPE)

(Text with EEA relevance)

(2022/C 346/04)

Speira BidCo I GmbH will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Real Alloy UK and Evergreen (‘Real Alloy Europe’). The concentration is accomplished by way of purchase of shares.

Speira BidCo I GmbH (Germany), as controlled by Speira (Germany), which in turn is ultimately controlled by KPS Capital Partners, LP (‘KPS’, USA),

On 31 August 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 ( 1 )

Real Alloy Europe comprise the entirety of the EEA and United Kingdom business of the Real Alloy Group, which is actice in the recycling of aluminium products and the production of foundry and wrought alloys in Europe and North America. Evergreen is, through its subsidiaries and various plants in Germany, France and Norway, engaged in the sourcing, processing and recycling of aluminium and magnesium scrap, dross, salt slag and byproducts thereof, and produces secondary aluminium alloys and secondary magnesium. Real Alloy UK is engaged in the sourcing, processing and recycling of aluminium scrap, dross, salt slag and byproducts thereof and producing secondary aluminium alloys. Both target companies can therefore be described as third-party aluminium and magnesium recycler and specification alloy producer.

Speira BidCo I GmbH is a portfolio company solely controlled by Speira. Ultimately controlled by KPS, Speira is a manufacturer of advanced flat rolled aluminium products (‘FRPs’). FRPs are a group of semi-finished flat aluminium products that can be used for a number of applications, including in the automotive, packaging, printing, engineering, building and construction industries.

KPS manages investment funds on a global scale through its affiliated management entities, focussing inter alia on manufacturing and industrial companies, across a diverse array of industries, including several manufacturers of aluminium products, which are also active in the EEA and worldwide.

The business activities of the undertakings concerned are the following:

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.10702 – KPS CAPITAL PARTNERS / REAL ALLOY EUROPE

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:
Non-opposition to a notified concentration

(Case M.10737 – HP / POLY)

(Text with EEA relevance)

(2022/C 360/02)

On 8 July 2022, 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 policy’ 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 32022M10737. EUR-Lex is the online point of access to European Union law.

(1) OJ L 24, 29.1.2004, p. 1.