Prior notification of a concentration (Case M.11004 – ITOCHU / AMCI / FITZROY QLD RESOURCES) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 86/09
Date: 2023-03-08
Institutions: Directorate-General for Competition, European Commission
Subjects: Australia, coal industry, economic concentration, export, foreign trade, import, investment, investment company, merger control, natural resources








C_2023086EN.01001001.xml










8.3.2023   


EN


Official Journal of the European Union


C 86/10






Prior notification of a concentration
(Case M.11004 – ITOCHU / AMCI / FITZROY QLD RESOURCES)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 86/09)

1.   
On 27 February 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:






—


ITOCHU Corporation (‘Itochu’, Japan),










—


AMCI Group, LLC (‘AMCI’, United States),










—


Fitzroy QLD Resources Limited (‘Fitzroy’, United Kingdom).




Itochu and AMCI will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Fitzroy.
The concentration is accomplished by way of purchase of shares.


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






—


Itochu is a publicly traded company active in a wide range of industries, including domestic trading, import/export, and overseas trading of various products such as textile, machinery, metals, minerals, energy, chemicals, food, general products, realty, information and communications technology, finance, and business investment,










—


AMCI is a privately held natural resources investment company active in a number of areas concerning energy and metal commodities with investments in coals, minerals and metals,










—


Fitzroy is a privately held company that owns and operates coking coal mines in Australia, and owns undeveloped interests in tenements in Australia as well as a majority interest in a mining equipment services provider in Australia.






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.11004 – ITOCHU / AMCI / FITZROY QLD RESOURCES
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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.