Prior notification of a concentration (Case M.9146 — ArcelorMittal/Nippon Steel &amp; Sumitomo Metal Corporation/Essar Steel India) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-10-26
Institutions: European Commission
Subjects: economic concentration, iron and steel industry, merger control








C_2018388EN.01001301.xml










26.10.2018   


EN


Official Journal of the European Union


C 388/13






Prior notification of a concentration
(Case M.9146 — ArcelorMittal/Nippon Steel & Sumitomo Metal Corporation/Essar Steel India)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 388/13)

1.   
On 17 October 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:






—


Essar Steel India Ltd (‘Essar’, India),










—


ArcelorMittal SA (‘ArcelorMittal’, Luxembourg),










—


Nippon Steel & Sumimoto Metal Corporation (‘NSSMC’, Japan).




ArcelorMittal and NSSMC acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Essar. The concentration is accomplished by way of a purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Essar: integrated steel manufacturer with manufacturing facilities located in India and Indonesia. Essar steel has no manufacturing facilities in the EEA. Essar’s steel products are mainly sold on the domestic market in India but also worldwide, including the EEA. These products include hot-rolled products (including quarto plates), cold-rolled products, large diameter steel pipes, and surface coated products. Essar is only active in flat carbon steel products, except welded pipes and welded beams which are fabricated from flat sheets/coils,
—   for ArcelorMittal: global steel and mining company, whose principal business is the production, distribution, marketing, and sale of steel products. It produces a range of semi-finished and finished steel products, including flat and long carbon steel products. It supplies steel for various applications including automotive, construction, household appliances and packaging,
—   for NSSMC: the manufacture and supply of steel products such as steel plate and sheets, steel bars and sections, wire rods, steel pipes and tubes, as well as stainless steel products and titanium products. Its products are primarily produced in Japan and its sales are focused on Asian markets, primarily Japan.


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.9146 — ArcelorMittal/Nippon Steel & Sumitomo Metal Corporation/Essar Steel India
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.