Prior notification of a concentration (Case M.10520 – CUMMINS / CHINA PETROCHEMICAL CORPORATION / JV) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 446/09
Date: 2021-11-03
Institutions: Directorate-General for Competition, European Commission
Subjects: China, economic concentration, engine, hydrogen production, merger control, motor vehicle, natural gas, oil industry, petrochemicals, vehicle parts








C_2021446EN.01003601.xml










3.11.2021   


EN


Official Journal of the European Union


C 446/36






Prior notification of a concentration
(Case M.10520 – CUMMINS / CHINA PETROCHEMICAL CORPORATION / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 446/09)

1.   
On 22 October 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:






—


Cummins Power Generation (S) Pte. Ltd. (Singapore), controlled by Cummins Inc. (‘Cummins’, USA),










—


Enze Haihe (Tianjin) Private Equity LLP, controlled by China Petrochemical Corporation (People’s Republic of China),










—


Cummins Enze (Guangdong) Hydrogen Technology Co., Ltd. (‘CEHT’, People’s Republic of China).




Cummins and China Petrochemical Corporation acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of CEHT.
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:






—


Cummins is a globally active US designer and manufacturer of diesel and alternative fuel engines and power supply systems,










—


China Petrochemical Corporation is a Chinese petroleum and petrochemical group that explores, refines, processes and sells natural gas, gasoline, kerosene, diesel, petrochemical products and related services,










—


CEHT will be based in China and engage in the application engineering development, manufacturing, testing, sale, installation and service of hydrogen generation electrolyzer systems, in particular proton exchange membrane electrolyzers.






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.10520 – CUMMINS / CHINA PETROCHEMICAL CORPORATION / 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.