Prior notification of a concentration (Case M.10192 — Linde/Hyosung/JVs) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 74/07
Date: 2021-03-03
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electrical engineering, gas industry, hydrogen production, merger control








C_2021074EN.01000901.xml










3.3.2021   


EN


Official Journal of the European Union


C 74/9






Prior notification of a concentration
(Case M.10192 — Linde/Hyosung/JVs)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 74/07)

1.   
On 24 February 2021, 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:






—


Linde Korea Co., Ltd (‘Linde Korea’, South Korea),










—


Hyosung Heavy Industries Corporation (‘Hyosung’, South Korea),










—


Production JV (‘Production JV’, South Korea),










—


Sales JV (‘Sales JV’, South Korea)




Linde Korea and Hyosung acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Production JV and of Sales JV.
The concentration is accomplished by way of purchase of shares in two newly created companies constituting joint ventures.


2.   
The business activities of the undertakings concerned are:






—


Linde Korea: a wholly owned subsidiary of Linde plc, which is a gases and engineering company with activities in more than 100 countries worldwide;










—


Hyosung: manufactures and sells heavy electrical equipment worldwide. It is also engaged in various areas of construction, including housing, redevelopment and reconstruction, business and commercial facilities, civil engineering and environment.










—


Production JV: will develop, construct and operate one or more plants for the production of liquid hydrogen in South Korea for sale to the Sales JV;










—


Sales JV: will sell and distribute such liquid hydrogen to customers for use in the mobility market in South Korea.






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:
Case M.10192 — Linde/Hyosung/JVs
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.