Prior notification of a concentration (Case M.10689 – OCP GROUP / KOCH INDUSTRIES / JORF FERTILIZER COMPANY) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 145/12
Date: 2022-04-01
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, fertiliser, inorganic acid, merger control, mining industry, phosphate, subsidiary








C_2022145EN.01001501.xml










1.4.2022   


EN


Official Journal of the European Union


C 145/15






Prior notification of a concentration
(Case M.10689 – OCP GROUP / KOCH INDUSTRIES / JORF FERTILIZER COMPANY)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 145/12)

1.   
On 24 March 2022, 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:






—


OCP S.A., (‘OCP’, Morocco),










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KAES Phosphate Holdings, LLC (‘KAES’, USA), indirectly owned by Koch Ag & Energy Solutions, LLC (‘KAES Parent’, USA), and ultimately controlled by Koch Industries, Inc. (‘KII’, USA),










—


Jorf Fertilizer Company III, S.A. (‘JFC III’, Morocco), a wholly-owned subsidiary of OCP.




OCP and KAES will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of JFC III.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






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OCP and its subsidiaries are global producers, suppliers and distributors of phosphate fertilisers (including DAP, MAP, TSP, NP, NPK and NPS). OCP is also active in the extraction and sale of phosphate rock, and its conversion into phosphoric acid, which it both sells and processes to produce phosphate fertilisers.










—


KAES is an indirect subsidiary of KAES Parent, ultimately controlled by KII, which controls a diverse portfolio of companies involved in refining and chemicals, process and pollution control equipment and technologies, minerals, fertilisers, commodity trading and services, polymers and fibers, glass, forest and consumer products, electronic connectors, printing and packing, enterprise software and investments. KII is active in the fertiliser and sulphur sectors through KAES Parent.










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JFC III is an OCP subsidiary, operating a production unit at the Jorf Lasfar production plant, where it produces phosphoric acid and phosphate fertilisers - DAP, MAP, NPK, NPS and NP.






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.10689 – OCP GROUP / KOCH INDUSTRIES / JORF FERTILIZER COMPANY
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.