Prior notification of a concentration (Case M.9248 — Sumitomo/Mahindra/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-01-16
Institutions: European Commission
Subjects: agro-industry, consultancy, dairy production, economic concentration, investment company, know-how, merger control, pesticides industry








C_2019020EN.01000401.xml










16.1.2019   


EN


Official Journal of the European Union


C 20/4






Prior notification of a concentration
(Case M.9248 — Sumitomo/Mahindra/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 20/06)

1.   
On 8 January 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:






—


Sumitomo Corporation (‘Sumitomo’, Japan),










—


Mahindra Agri Solutions Limited (‘Mahindra’, India), belonging to the Mahindra Group (India), and










—


a newly created Joint Venture (‘JV’, India).




Sumitomo and Mahindra acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Sumitomo: trading and investment company active in trading of metal products, transportation and construction systems, environment and infrastructure, chemicals and electronics, media, networks and lifestyle related goods, mineral resources, energy and life sciences;
—   for Mahindra: technology and agricultural know-how, as well as agricultural inputs (seeds, crop care, seed potato, and micro irrigation), agricultural output (fresh fruit, pulses, and edible oils) and dairy advisory services;
—   for the JV: manufacture, formulation, distribution, sale, purchase, marketing, import and export of agrochemical products, primarily in India and also in Nigeria and Tanzania. Mahindra will transfer to the JV its agrochemical business.


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.9248 — Sumitomo/Mahindra/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.