Prior notification of a concentration (Case M.10964 – WILMAR / CLARIANT / CLARIANT QUATS BUSINESS JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 12/07
Date: 2023-01-13
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical alcohol, economic concentration, merger control, organic acid, pharmaceutical industry








C_2023012EN.01001101.xml










13.1.2023   


EN


Official Journal of the European Union


C 12/11






Prior notification of a concentration
(Case M.10964 – WILMAR / CLARIANT / CLARIANT QUATS BUSINESS JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 12/07)

1.   
On 5 January 2023, 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:






—


Clariant International Ltd. (‘Clariant’, Switzerland), belonging to the Clariant Group ultimately controlled by Clariant AG (Switzerland),










—


KOG Investments Pte. Ltd (‘Wilmar’, Singapore), controlled by Wilmar International Limited (Singapore),










—


Global Amines Company Pte. Ltd. (‘GAC’, Singapore), jointly controlled by Clariant and Wilmar,










—


Clariant’s Quats Business (‘Quats Business’, Switzerland), controlled by Clariant, comprised of inter alia production sites in Germany, Brazil and Indonesia as well as IP in Switzerland and further assets located worldwide.




Clariant and Wilmar will via GAC acquire joint control within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation of the Quats Business.
The concentration is accomplished by way of purchase of assets.


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






—


Clariant is active inter alia in the production and sale of cationic surfactants,










—


Wilmar is active inter alia in the production of and sale of fatty acids and fatty alcohols,










—


GAC is active in the production and sale of amines, including the production and sale of non-ionic, cationic and amphoteric surfactants.






3.   

The business activities of the Quats Business are mainly the development and production of quaternary ammonium compounds (known as ‘quats’) through its integrated production facilities as well as the provision of supporting services. To a small extent, the Quats Business produces intermediate products for the manufacturing of quats.



4.   
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.


5.   
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.10964 – WILMAR / CLARIANT / CLARIANT QUATS BUSINESS 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.