Prior notification of a concentration (Case M.8973 — Mitsui/Kansai/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-06-21
Institutions: European Commission
Subjects: economic concentration, merger control, miscellaneous industries, paints and varnishes








C_2018217EN.01002901.xml










21.6.2018   


EN


Official Journal of the European Union


C 217/29





Prior notification of a concentration
(Case M.8973 — Mitsui/Kansai/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 217/10)

1.   
On 14 June 2018, 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:






—


Mitsui & Co., Ltd. (Japan, ‘Mitsui’),










—


Kansai Paint Co., Ltd. (Japan, ‘Kansai’)










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Kansai Helios Coatings GmbH, currently solely controlled by Kansai (Austria, the ‘JV’)




Mitsui proposes to acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV together with Kansai. Therefore, the transaction leads to a shift from sole to joint control of the JV.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Mitsui is a Japanese trading house engaged in a number of worldwide commodity and other businesses, including the sale, distribution, purchase, marketing and supply of products in business areas such as iron and steel, coal and non-ferrous metals, machinery electronics, chemicals, and energy-related commodities.










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Kansai is a Japanese-based chemical company whose main products are industrial and decorative coatings. The company operates under the ALESCO corporate brand.










—


The JV controls the Helios Group, a European coatings manufacturer. Helios Group focuses on industrial applications, but has also some activities in decorative and other types of coatings as well as resins, chemicals, adhesives and starches.






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.8973 — Mitsui/Kansai/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.