Prior notification of a concentration (Case M.10756 – ACC / EVONIK / JV) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 265/07
Date: 2022-07-11
Institutions: Directorate-General for Competition, European Commission
Subjects: China, Germany, aeronautical industry, aircraft, economic concentration, merger control, plastics, resin, special chemicals, subsidiary








C_2022265EN.01001401.xml










11.7.2022   


EN


Official Journal of the European Union


C 265/14






Prior notification of a concentration
(Case M.10756 – ACC / EVONIK / JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 265/07)

1.   
On 5 July 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:






—


Evonik Operations GmbH (Germany) and Evonik (China) Co. Ltd. (China) (together referred to as ‘Evonik’), ultimately controlled by RAG-Stiftung (Germany),










—


AVIC Composite Corporation Ltd. (‘ACC’, China), together with affiliate Yu Hua Funding & Investment (Xiamen) Limited Partnership (‘Yu Hua’, China), both ultimately controlled by Aviation Industry Corporation of China (‘AVIC’, China),










—


ACC Evonik (Shanghai) Composite Materials Technology Co. Ltd. (the ‘JV’, China).




Evonik and ACC will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.
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 the following:






—


Evonik is headquartered in Germany and listed on the Frankfurt Stock Exchange. It is active in the production and marketing of specialty chemicals, focusing on products in the areas of speciality additives, nutrition and care, smart materials, performance materials, and technology & infrastructure.










—


ACC is a wholly-owned subsidiary of AVIC, a Chinese state-owned aerospace company primarily producing and marketing aircrafts and aircraft parts in China.










—


JV will be active in the production and marketing of polymethacrylimid (PMI) foam and polyether ether ketone (PEEK) based powders, as well as distribution of PEEK based resins and PEEK based compounds to customers located in China, Hong Kong SAR, China, and Macau SAR, China.






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.10756 – ACC / EVONIK / 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.